Anyone who is injured by the negligent, careless or criminal acts of another has the right to take legal action against the at-fault party. Typically, these civil cases are resolved either by settlement or verdict. Personal injury and accident cases are decided by verdict when they go to court. Only a very small portion of civil cases actually end up in court; most are settled after a series of negotiations. Many people want to avoid court because of the time and expense, but without an attorney it can be difficult to know when you should settle and for how much.
Every case is different. Take a rear-end car accident, for example. After both parties file a claim with their insurance, the insurance companies determine that the driver that did the rear-ending was 100 percent at-fault. This means that the at-fault driver’s insurance is responsible for making an offer of property damage and bodily injury compensation to the victim. Problems arise when insurance companies offer an amount that is much lower than what the victim actually deserves. How can the victim know what they should settle for?
Personal injury victims are by no means obligated to accept the insurance company’s or at-fault party’s first offer. In fact, accepting the first offer can often be detrimental. If a party knows that they are at-fault, they are more likely to attempt to get the victim to settle quickly before they can come to know how much their claim is actually worth. This is why having a Nevada personal injury lawyer on your side can be so beneficial. An attorney, unlike an insurance company or liable party, will have your best interests in mind. They can investigate your case to determine how much you actually deserve and will not stop until you are offered that full amount.
With accidents, there is usually more than at first meets the eye. Victims can be entitled to compensation for tangible harms such as vehicle repairs, medical expenses and lost wages, but they may also be entitled to noneconomic damages such as “pain and suffering” for emotional or psychological trauma sustained because of the accident. The same goes for workers’ compensation claims. Although victims of workplace accidents cannot sue their employer after accepting workers’ comp insurance benefits, they may still be able to file a claim against a liable third party.
The answer to “Should I settle my case?” is going to differ drastically with each unique case. If you or someone you love has been involved in an accident, you need the best representation. Shook & Stone is a proven law firm located in Las Vegas, Nevada. Our goal is to help accident victims and injured parties make full financial recoveries.
To learn more about accepting a settlement, call us today!