Whenever a person is considering a settlement, the first thing they need to take into account is the risks in going forward with a trial because, in most cases, one has two options: settle or go to trial. By going to trial, both parties, the defendant and the injured person, have no control over the outcome because it is a matter for the jury to decide. One completely controls a settlement because they can either say yes or no to the settlement offer.
It is best to seek help from a skilled car accident attorney to determine which route to take to recover compensation. Discuss with a knowledgeable attorney the considerations in Boston car accident settlements.
Risks and Benefits of Accepting a Settlement
One of the considerations in Boston car accident settlements is the presentation of evidence. A seasoned car accident attorney could influence how much money the case will settle for based on the presentation of evidence. Once they have reached a point where the insurance company is telling the injured person’s attorney that this is the final offer, they will never receive another offer.
The injured person and their legal counsel will need to weigh the cost-benefit of accepting a settlement amount. The settlement is a guaranteed offer that they can accept or take the risk of going forward to trial. The risk is they will either lose or not get as much money in damages.
The benefit would be that they might get more money but the injured person should listen to the advice and recommendations of their experienced attorney. Most cases settle without going to trial. Many cases settle even though a lawsuit has been filed, but the majority of cases settle without going to trial.
How A Car Accident Attorney Could Help
A Boston car accident attorney will be of benefit to someone looking to settle a car accident suit to ensure that the settlement is for fair compensation in that the injured party does not settle for less than what they should receive based on their injuries and damages.
A car accident lawyer will be able to ensure that all available insurance coverage both through the negligent driver’s insurance policy and the other policies available are stacked. For example, if someone was borrowing a car and driving another person’s car with permission, an individual could potentially have two available insurance policies that would provide compensation – one through the negligent driver’s own policy and another one through the car that they were driving at the time of the accident.
Also, a Boston car accident attorney could ensure that if there is available additional insurance through coverages such as underinsured motorist coverage or UM coverage through the injured party’s own insurance or the insurance for the household of the injured party, to make sure that there is enough insurance coverage from whatever source to help ensure that the accident victim is fully compensated.
In addition, a diligent attorney could make sure that all the medical bills have been paid, could negotiate down reductions with the various medical providers to help maximize the net recovery that the accident will receive. Finally, an attorney can make sure that any lienholders, whether it is Medicaid through MassHealth in Massachusetts, Medicare, or any private insurance that might be able to assert liens or claims for subrogation later on down the line, and that those are addressed in the most favorable terms possible by negotiation at the time of the settlement. Schedule a consultation today to learn more about the considerations in Boston car accident settlements.