Should I Settle with the insurance company or consult with a lawyer after my Car Accident? By Tod Aronovitz | 02/12/21 | 0 Comment

two car accident

If you have been injured in a car accident, then the other driver’s insurance company may offer a settlement for a certain sum of money. When these settlement offers are made, it is sometimes difficult to know whether the offer is fair. If you have received a settlement offer, you should contact a Miami personal injury lawyer to discuss your options before you accept the offer.

When should you accept a settlement offer?

The cash amount that is offered should be sufficient to cover your medical expenses and also compensate you for your damages. If your car insurance and medical insurance paid for any of your expenses, then they may have a subrogation lien against any settlement sums that you receive. For this reason, you need to be careful about accepting a settlement.

When assessing whether a settlement offer is fair, you should consider several factors.

This may include the following:

• The total amount of past and future medical expenses (including the amounts paid by insurance that may need to repaid).
• Whether you will have continuing medical treatment and expenses as a result of your injuries.
• The extent of the damages to your vehicle and personal property.
• Whether you have permanent scarring from the accident.
• The extent of recovery needed for your injuries.
• The egregiousness of the other driver’s conduct.
• Whether there are any weaknesses in your case.
• The extent of your pain and suffering.
• Whether you missed work as a result of the accident and your medical treatment.
• Whether the accident caused any temporary or permanent disability.
• The policy limits of the other driver’s insurance.

After considering these things and any other relevant factors, you will be able to determine whether to settle for the offered amount or pursue litigation. Because these factors can be complicated to assess, you should seek the advice of an experienced Miami car accident attorney.

What should you do if the settlement offer is inadequate?

If the settlement offer does not provide a sum that is sufficient to compensate you for your injuries or is otherwise unfair, then you may file a lawsuit against the other driver. A lawsuit must be filed within a certain period of time following the accident, so it is important that you contact a car accident attorney in Miami FL as soon as possible.

Filing a complaint with the court and then serving it within the legally required timeframe on the other driver commence the lawsuit. The other driver then must file an answer if they intend to challenge the lawsuit. If an answer is filed, then a trial will be scheduled for a later date.

While the case is pending, your Miami personal injury attorney will seek to obtain information through discovery requests, interrogatories and other fact-finding methods. They may attempt to resolve the case by making settlement demands and participating in mediation.

If the case cannot be resolved, then a trial will be held. At trial, you will have the opportunity to present evidence, including witness and medical testimony. At the conclusion of the trial, the jury will determine whether the other driver is liable and, if so, how much you should be awarded.

hiring an attorney

Why should you hire an attorney?

Car accident cases can be complicated. Insurance adjusters will try to convince you to settle, often for an amount that is insufficient to compensate you for all of your damages. A Miami car accident lawyer will help you make informed decisions and advocate for you to receive a fair settlement.

If you have been injured in a car accident and need an experienced car accident lawyer in Miami FL, then contact Aronovitz Law to schedule a consultation.