Settling a DC car accident case requires many steps. Immediately following medical attention, it is best to retain the services of a seasoned and dedicated car accident attorney. Our legal team will help the claimant weigh their legal options. We understand that you may feel overwhelmed immediately following your car accident. You have countless options for legal representation. You may consider trying to resolve the case on your own. The insurer’s low offer is the biggest issue with settling a case on your own. They rarely reflect your claim’s full value. Insurers offer just enough to seem fair but not enough to push you toward legal representation. The problem is, you likely would be recovering far more compensation with legal representation, even after legal fees.
Moreover, unique statutes in DC may preclude recovery for your bodily injury if you take specific steps. Armed with this knowledge, the defendant’s insurer may coax you into taking those steps, only to later inform you that taking the initial step ruins your compensation strategy. This is one reason why proceeding without legal advice can cost you. Our firm offers free consultations to all personal injury victims. We know how difficult it can be to go through this process, and we do not want you to go through it alone.
Call today to discuss your rights and options for settling a DC car accident.
Generally, settling a case is preferable to litigating a car accident matter. The rationale for this is simple.
First, settling a DC car accident case is faster than filing a lawsuit. When we file suit in Washington, DC, the wait time to get to trial is about 18 months. Of course, we can get to court and, for whatever reason, not start trial on that day. Then, the court’s schedule may postpone your trial for months. Unfortunately, this happens regularly and can postpone a trial for years in the worst cases. Meanwhile, settling your case is as simple as negotiating an amount that reflects your damages. That is something we do daily and excel at.
The second primary reason settling is preferable is that you will save resources. Litigating a car accident case can get expensive, especially in DC. If your accident happens in DC, but we can file in a Maryland court if the defendant lives in Maryland, it may be slightly less expensive. But in a DC trial for a car accident case, we must pay expert witnesses to testify on your behalf. This can include doctors, accident reconstruction experts, vocational experts, and many more. Unfortunately, this is a necessary part of your case as we will otherwise be going up against the defense’s experts without any evidence to make our case. Then, there are deposition costs, filing fees, and a higher legal fee to contend with if we go to trial. Lastly and related to cost, you will not receive compensation for an extended period.
Not only is there an opportunity cost of potentially hundreds of thousands of dollars, but you may struggle financially as you pay back medical expenses and survive without an ability to work due to severe injuries.
A settlement considers a claimant’s damages such as medical expenses, lost wages, and pain and suffering. All of that should be compensable. A settlement is calculated by considering the liability in the accident and how much fault is attributed to the negligent party.
The amount of vehicle damage in an accident affects the settlement offer. The case’s venue also plays a role. Conservative jurisdictions usually result in lower offers, while areas known for higher judgments result in better settlements.
In addition to those factors, the injury is also considered when determining a settlement amount. If the injured party requires surgery but their vehicle was destroyed, then the value of the claim is considerably higher than that of somebody who has sustained minimal property damage and soft tissue injuries.
In a case, the court instructs a jury to decide how much of the medical bills it considers fair and reasonable and related to the accident, how much to pay separately for pain and suffering, and how much to reimburse the claimant for wage loss.
The jury uses these factors when considering the settlement amount, but there may be some dispute about what is reasonable and necessary regarding medical bills. There may be testimony from the defense which says that the charges were excessive, and there are questions that the judge and/or jury must determine.
The injured person should decide whether they understand their options for litigating a case, whether the time involved in the process is worth the risk, and whether settling the claim is better. Any case can settle so long as liability is not an issue. Of course, you should only accept a settlement offer if it is proportionate to your injuries and your attorney’s advice. While this is not an exhaustive list, below are common examples of cases that settle in DC:
The time it takes to settle a car accident case in DC can vary. Once an attorney receives all medical records, bills, and lost wage documentation and sends everything to the at-fault insurance carrier, an offer is usually forthcoming in four to six weeks. However, there are instances where it can take far longer. There is a ton of turnover at insurance companies. So, if one adjuster handles your case initially, another may come in, delaying your case’s resolution.
Additionally, hammering out a settlement agreement always requires more than one conversation. In almost every case, the insurer will make a bad initial offer, which we will convey, reject, and counter. This process takes time and, unfortunately, can involve some degree of phone tag, as insurance adjusters are often slow to respond.
The most important thing a claimant can do to expedite the case is to be as cooperative and responsive as possible with their lawyer. If the claimant moves or changes their telephone number, provide current contact information and an email so that a lawyer can reach the claimant with an offer of settlement.
When a client sees a new medical provider without telling their lawyer, the lawyer must request records and bills. If the lawyer learns this after treatment ends, it delays the process. Updating the lawyer on treatment, contact info, and location helps keep the case moving.
An experienced DC car accident lawyer understands what type of cases are similar to those that settle for, but more importantly, what those types of cases are typically resolved for by way of jury trial or a trial in front of a judge. There are many things to consider when accepting or rejecting a settlement. To understand that decision, you must fully understand the cost of litigating, the risk of doing better, and the time frame involved. You do not need to handle your case alone. Schedule a consultation with the legal team at Gelb & Gelb, P.C. to discuss your legal options for settling a car accident case in DC.
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