Settling a DC pedestrian accident case is generally advantageous compared to litigating your case. As we will discuss, while litigation may be necessary in many cases, it is usually not preferable. A DC pedestrian accident attorney will explain to you whether it makes sense to accept a settlement offer or to litigate your case. Every case is different. Sometimes, proving liability or damages sustained in the accident is expensive. Suppose you have a pedestrian accident case that is worth $18,000. If the insurance company will only negotiate up to $16,000, it may be prudent to accept that offer. If not, you may have to spend $5,000 in additional legal fees, filing costs, deposition fees, and expert witness costs. Note that this is on a case-by-case basis. Only some cases will have these costs. Nor will every case receive settlement offers below what your case is worth.
Our attorneys are highly skilled negotiators and have negotiated the settlement of a case above what the plaintiff may received at trial thousands of times. But trials are unpredictable. While you may get above what your case is worth, you may also get below what it is worth. Some juries are unpredictable. While a juror should not be prejudiced against the plaintiff, it is possible that one still is. While it is up to your attorney to determine which jurors are prejudiced during the voir dire process, it is not always possible. Moreover, settlements cannot be appealed. A judgment after a trial can be appealed, extending the duration of the waiting process by several more months.
Below, we discuss the critical steps in settling a DC pedestrian accident case and how to maximize the amount you will recover.
Determining liability in a DC pedestrian accident case is not always as simple as it seems. One may assume that the pedestrian will have a claim merely because their injuries are worse. However, you are barred from recovery if you are even 1% negligent in a pedestrian accident case. This legal concept, contributory negligence, is unique to Washington, D.C., one of only five jurisdictions in the U.S. that follow this rule. Accordingly, if you are jaywalking in the street, outside of a crosswalk or sidewalk, you may be partially to blame for the accident. However, in 2016, the District amended this rule to relate to pedestrians. Thus, you may still have a viable claim despite being partially at fault. One of our skilled and trusted attorneys can explain the current rule to you and apply it to your case.
Liability has a tremendous impact on settling a DC pedestrian accident case. Even if the defense team understands that it has a losing case on liability, it may still be willing to take its chances in court. Sometimes, liability could be clearer-cut. Whether we win a case may depend on whether a jury finds our eyewitness credible. In some pedestrian accidents, there may be little to no damage to the vehicle. Then, the burden is on us to prove that an accident happened. When our only evidence is eyewitness testimony, while technically sufficient to win a case, the witness may be deemed uncredible by the jury and written off. Accordingly, our argument may fail because we cannot establish a requisite element of your claim. Given this risk, accepting a slightly lower settlement offer may be wiser than your damages demand. This is a form of hedging.
As always, accepting a settlement offer is your decision, as it is your case. As your pedestrian accident attorney, we negotiate with the defense team to maximize your compensation. Our experience with thousands of previous injury cases gives us the knowledge to evaluate a claim and determine its value. We understand the chance of a jury buying the argument that we would sell to them. Note that the burden of proof is on the plaintiff, not the defendant. This concept is similar to a criminal trial, albeit not as high of a burden. These are all factors to consider when negotiating a settlement agreement.
Contrary to what you may think, the negotiation process in a DC pedestrian accident case cannot begin until you complete your treatment. The exception is the rare case when you do not hire an attorney until just before the statute of limitations runs. Your attorney will immediately file suit to preserve the statute and your right to compensation. But in most cases, we will allow you to complete treatment. The rationale is that we do not know what your case is worth until you complete treatment, and neither does defense counsel. We cannot give a demand because we need to understand what your case is worth, and the defense will not make an offer because there is a chance your case will end up being less valuable than what they are offering. The other exception is if there is a coverage issue.
If your injuries are clearly worth more than $30,000 and there is only $30,000 in coverage, we will contact the insurance company and immediately demand they pay us their limits. They may accept our demand and offer the total amount if liability is clear. Then, we will move to speak to your insurer to make an underinsured motorist claim. We may need to wait for you to finish treatment to complete this part of the negotiation process.
Getting into a DC court can take one to two years. Meanwhile, a negotiation process, while more drawn out than it should be due to insurance companies’ inefficiencies, is still far quicker than going to trial. This may be a better option if you need money quickly to pay bills. While the process still takes months, months are shorter than years. A settlement agreement also is not appealable. Our DC injury lawyers will also investigate whether personal injury protection is available for vehicles. If there is, you may be entitled to compensation before settlement. Personal injury protection, or PIP, can cover your lost wages or medical expenses.
Moreover, it is not a loan. It is an option in your insurance contract that you either pay for or do not pay for. But even if you do not pay for PIP, you may still be entitled to make a PIP claim if you never waived PIP. This is more common in pedestrian accidents than in a typical car accident.
Settling a DC pedestrian accident case is always worth considering. It may not always be the correct option for your case, but a good attorney will explore it. If we do not settle your case, there are two possible reasons. First, the defense has denied liability. This does not mean they are correct; they simply like their chances in court enough to take the risk of spending far more than if they just settled. The second reason we may file suit instead of settling your case is if we cannot agree on what your case is worth. If we believe your pedestrian accident case is worth $28,000 and the insurance company is only offering $18,000, we will advise you to reject their offer and file suit on your behalf.
If you are interested in settling a DC pedestrian accident case, call our office immediately for a free consultation. You can reach us anytime, day or night, at (202) 331-7227.
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