For the most part, most car accident cases never make it to trial and are instead settled outside of court. The reason for this is that an out of court settlement is a win-win situation for both plaintiffs and defendants alike in many aspects.
Major aspects of an auto accident case
According to Dover City, DE accident lawyers, there are several advantages of settling a car accident case outside of court.
Timelines – Auto accident litigation is time consuming. Some complex cases can take many years to come to a conclusion and when an accident victim who is in dire need of financial relief files litigation and takes a case to trial, it is not practical for someone with such an urgency to wait for years on end. On the other hand when a case is settled outside of court, it can be concluded within a matter of days and this means that the plaintiff will receive the settlement amount much more quickly. It also saves the defendant time in terms of having to keep attending scheduled court hearings, etc.
Cost – A car accident case can get costly in terms of legal fees, lawyer fees, court fees, and so forth. Furthermore, the longer the case goes on (as it often does) the costlier it gets. However, Delaware accident attorneys explain that an out of court settlement will be a lot lighter on the pockets for both parties.
The demand letter and why it is important
When you initiate a settlement with the defendant or an auto insurance company, you will need to file and send them what is known as a demand letter. According to Dover City, DE accident lawyers, this letter will serve as a reference for the negotiations to begin. It will comprise of all the facts and details of the car accident and also should be enclosed with supporting evidentiary documents.
A solid, well written demand letter will have a detailed description narrating how the car accident occurred and the events leading up to it. It will also contain information about damages incurred such as medical bills, repair bills, non-economic damages, and so on.
A decent example of non-economic damages could be derived from the movie Neighbors. If you remember the scene with Mac Radner (Seth Rogen) when he is blown up into the ceiling in his office. The fraternity took his air bags and put them in his office desk chair unbeknownst to him. Radner had a terrible morning! He was terrified. You cannot prove how scared you are, that cannot be quantified but you can get paid for non-economic damages.
Now in an auto accident, non-economic damages could be punitive damages. For example, if someone was negligent on the road and they hit you. Not only should they pay for your car and your injuries but for your experience and loss of time and so on. In addition, they should be punished beyond just the paying for your car and medical bills as a punishment. They were negligent! That is selfish behavior.
A legal representative will be able to assist you in sending out a really solid, fact checked, strong worded demand letter. Your legal professional will also ensure that they request an amount in the demand letter which is on the higher end of the spectrum so as to allow room for some negotiation in such a way that the settlement that you eventually get is what you rightfully deserve and not a penny less.
Negotiating with car accident insurance adjustors is no walk in the park. Insurance adjustors do this for a living and they will be able to get their way unless you have a Delaware accident lawyer representing you in the negotiations. Just make sure to seek legal counsel as soon as possible.