The Process Of Settling A Car Accident Case Out Of Court

Personal Injury Attorney

Personal Injury Attorney
All car accidents are traumatic experiences that negatively affect the lives of those involved in every way. In the aftermath of an accident most people aren’t just affected physically, but mentally and financially as well. Most people who are new to law proceedings and have never started a personal injury case think that it’s a lot like TV: super drawn out, a lot of unnecessary drama in a courtroom, and incredibly stressful. But starting a car accident case with a personal injury lawyer isn’t as cumbersome as TV makes it out to be. In fact, most cases settle out of court, as most people don’t want to have things get messy. Here’s how it happens:


Demand letter: After your lawyer compiles evidence, records, and statements that’ll help you in your case, they’ll lay it out in a demand letter that, as it implies, will demand a specified amount of money from the other party. Usually the amount that is asked is way more than what would normally be accepted compared to the damages and the amount normally accepted from them, but setting the bar high at the beginning gives you space to gravitate towards the amount you “actually want at the end.

Negotiation: In the same manner that your party has sent a demand that is significantly more than one would normally ask for, the opposing party will make an offer that is significantly lower than one would normally give. Most people get enraptured by the sight of large amounts of money in general, so the idea is to give the injured an amount that still qualifies as a windfall, but is still much lower than what they could get normally. Many people do fall for this trick while other lawyers are successfully able to convince their clients not to buy into their game. From there the two parties begin negotiating the best settlement amount for everyone.

Mediation: What happens if neither party can come to an agreement? A third party is brought in that has experience settling cases like these. Where the two parties’ individuals are loyal to their agendas, the mediator will provide an unbiased point of view and judgement, helping the parties come together through the power of logic and knowledge. When the two parties do come to an agreement, before accepting the offer, make sure the final offer amount covers any unpaid bills and that any verbal responses are followed with a written one

If you have questions about a case, contact a personal injury attorney, like the lawyers at Eric Roy Law Firm for help.