While recovering a settlement after a car accident is common, it’s not always guaranteed. However, there are a few indicators of when you’re likely to get a settlement.
Our car accident lawyers in Phoenix at Zanes Law explain in what situations you will get a settlement and how you can increase your chances of doing so. Read on to learn more about how to tell if you could get a car accident settlement.
What Indicates that You Will Get a Car Accident Settlement?
One of the key indicators of a potential car accident settlement is when liability is established and supported by strong evidence. If a bulk of evidence demonstrates that the other party was at fault, such as eyewitness accounts, police reports, and photographic evidence, it often strengthens your position during negotiations. Insurance companies are more inclined to settle when the fault is evident, as it reduces the risk of a costly court battle.
The extent of damages you’ve suffered, both in terms of property damage and personal injuries, can significantly impact the likelihood of a settlement. It strengthens your case when you can provide thorough documentation of medical bills, repair costs, lost wages, and other relevant expenses. Demonstrable damages make it easier for both parties to assess the potential financial implications of going to court versus settling.
A willingness from both parties to engage in productive negotiations is another positive indicator of a car accident settlement. If the other party’s insurance company or legal representation is open to discussing the matter and exploring fair resolutions, it increases the chances of finding a middle ground.
A cooperative approach indicates that both sides recognize the benefits of settling and avoiding the uncertainties of a trial. Your willingness to negotiate in good faith is essential for a favorable settlement outcome.
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When Is There a Risk that You Won’t Get a Car Accident Settlement?
When you’ve been in a car accident, our car accident lawyers understand how much getting a settlement can help you pay for your losses. However, there are times and factors that you aren’t likely to get a settlement. Here are some of the most common indicators you could be at risk of not getting a settlement:
Complex Liability Issues
In some cases, determining liability can become a complex matter. If multiple parties are involved, disputes can arise over who is at fault.
Insurance companies and your lawyer may need more time to investigate and gather evidence to establish fault. As a result, settling might be delayed or not happen at all.
Severe Disagreements on Damages
When both parties involved in the accident have vastly different estimates of the damages and injuries suffered, negotiations can become difficult. If there’s a significant gap between the compensation you seek and what the other party is willing to offer, settling might not be feasible. You could explore alternative resolution methods, such as mediation or litigation.
Disputes Over Pre-Existing Conditions
If you have pre-existing medical issues that are similar to your accident injuries, the liable party’s insurance company might ask how the accident worsened your condition. This can lead to disagreements about the compensation amount. In such cases, providing comprehensive medical records and subject expert opinions becomes vital to support your claim.
For a successful settlement, strong evidence supporting your claims is essential. If important evidence is lacking or disputed, the negotiation process can stall.
Both parties may need to gather additional evidence, which can prolong the settlement timeline. In cases where evidence is insufficient, taking the case to court could be beneficial.
For a settlement, both parties must be willing to engage in productive negotiations. If the other party is uncooperative, avoiding discussions, or showing a lack of interest in resolving the matter amicably, settling can become challenging. In such situations, exploring alternative dispute resolution methods might be necessary.
How Can a Phoenix Car Accident Lawyer from Zanes Law Help You Get a Car Accident Settlement?
Negotiating a car accident settlement or gathering evidence after a car accident can be difficult on your own. So, taking on all the elements that make a strong case without a lawyer can be overwhelming. A car accident attorney in Phoenix can:
- Give you a free consultation and tell you your chances of getting a car accident settlement.
- Negotiate with the insurance company for a settlement.
- Evaluate the value of your damages.
- Take your case to court and advocate for you.
- Provide legal advice to enhance your case.
- Help you gather clear evidence and file appropriate legal paperwork on time.
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How to Successfully Handle the Insurance Company to Increase Your Chances of Recovering a Settlement
Even though your car accident lawyer is the primary person who deals with the insurance company, you can do a few things to help increase your success when talking with the insurance adjuster after a car accident. First, remember that you shouldn’t talk to the insurance company without your lawyer being present.
If the insurance company does try to contact you, they will likely ask for a statement. Don’t give them anything to go off of; just tell them you’ll get in touch with them with your car accident lawyer. Talking to the insurance company without your lawyer can risk your settlement because insurance adjusters will use anything you say against you and to their advantage.
Another action you can take to improve your chances of a car accident settlement is to thoroughly explain how your injuries and damages have affected your daily life. By explaining and using evidence to show the severity of your injuries and losses, you’re more likely to get a settlement.
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Contact Us to Learn More About Your Likelihood of Getting a Car Accident Settlement
At Zanes Law, our Phoenix car accident lawyers are ready to help you understand your chances of recovering a car accident settlement. We can explain the factors that apply to your specific car accident case.
Contact us to learn if you will likely recover a car accident settlement.