Calculating a Stratford Car Accident Settlement
When presented with a settlement amount, your first thought may be that of relief. However, before accepting a settlement, it is important to examine the specific amount of the damages owed to you and compare it to the settlement being offered. In the event that the settlement is insufficient, the case should be taken to court.
For assistance with calculating a Stratford car accident settlement, or for more insight on how to approach a settlement, be sure to consult with a professional auto accident attorney today.
Who Determines a Settlement Amount?
The amount of the settlement is determined by way of negotiations. In attorneys’ experience and recommendation, they believe that representing the plaintiff and the injured party should offer an initial demand once the full scope of their injury is determined. After that has been determined and a demand is made based on numerous factors, including the amount of the insurance policy for the person who caused the injuries, the insurance company or the defendant’s attorney would respond with an amount that they are going to pay. This is called the offer.
After the offer is made, the attorney for the plaintiff would respond with either a potentially reduced demand or respond that they are rejecting the offer. Negotiations would continue until they agree on a reasonable number. Attorneys and parties could also use the assistance of judges, mediators, or retired judges to provide a further assessment as to what would be a reasonable number if the parties are at an impasse.
Process of Calculating a Settlement
The settlement is calculated based upon the damages that the person has suffered. For example, if someone suffered back injuries and had an emergency room visit, orthopedic treatments, physical therapy, and injections, but continued to have back pain and that it was assessed by the doctor that this back pain would exist for a significant period of time going forward, the value of the case would be calculated upon the victim’s medical bills and their pain and suffering. In addition, if a victim was forced to miss work, they could factor in their loss of wages and earning capacity.
Negligence Affecting a Settlement
Depending on the case, negligence from the part of the injured person could affect the settlement amount. However, the settlement amount must be accepted by the injured person. For example, if it appears based upon what is reasonable that the victim was 2o percent at fault for a crash, but the defendant was found 80 percent at fault, then the total amount of recoverable damages would be reduced by 20 percent.
Assistance Provided by an Attorney
When calculating a Stratford car accident settlement, it is important to reach out to an attorney for assistance. A lawyer could help you gather all the necessary information needed for making an accurate estimate regarding the damages you are owed. This is vital for determining whether a settlement should be accepted. If you have been recently offered a settlement and are unsure on how to proceed, schedule an appointment with an attorney for a free case review.