Factors to consider with your accident lawyer
(Miami, Florida) – October 14th, 2015 – While a civil court trial is the ultimate step when it comes to accident and personal injury lawsuits, the majority of claims do not reach court trial. Depending on the severity of the case, accident attorneys strive to resolve them early in the litigation progress through negotiations where the parties agree on a settlement.
In a settlement the plaintiff agrees to receiving an agreed upon sum of money from the defendant or insurance company and gives up the right to take any legal action pertaining to the accident or injury.
Consult an attorney to evaluate your case
If you or a loved one has been injured in an accident and are thinking of settling a claim, it is prudent to speak with an experienced Miami, FL accident lawyer. This is essential if you want a thorough assessment of your case and the chances of receiving a substantial sum as settlement. During your meeting with a lawyer there are several points you ought to discuss.
Your legal representative will also have a lot of questions about the accident so it would be prudent to provide accurate information and gather as much evidence as possible. This could be photographs of the accident, witness names and addresses, and police report, to name a few.
Pass on all the information to your lawyer
Don’t hesitate to ask your Florida accident attorney about settlements and jury verdicts in similar cases. While no lawyer can guarantee 100% your chance of winning if the case goes to trial, you can always pick up a fair idea of your chances of success. Most importantly, you must discuss the practical difficulties and how strong or weak your evidence is when compared with that of the other party involved in the accident.
Then comes the all-important question of compensation and the money you could potentially receive for damages, and pain and suffering. This is where a Miami, FL accident lawyer comes into the fray and you can reach one of the best on this impressive legal domain if you click here.
Your attorney is likely to ask about the minimum amount you would accept as settlement in order to avoid trial. However, the potential figure from your lawyer is what you ought to consider. Other factors include the insurance coverage of the defendants and their monetary resources. These figures are what your legal representative will consider when evaluating the approximate compensation you ought to receive.
From the plaintiff’s point of view there are several questions that must be answered as well. This includes the lawyer’s fees and your expenses. Most Miami Florida accident attorneys work on a contingency fee basis where you don’t pay any fee unless there is a favorable outcome of the settlement or at trial. There will also be state and federal taxes to be paid in a settlement. The percentage will vary depending on the circumstances of your case.
Preparing for a settlement
Accident lawyers are expert at negotiations so make sure to be honest about what you are willing to give up in order to settle the case. There will always be a bit of give and take between both parties so be prepared to be a bit flexible.
You could also consider a partial settlement where some of the smaller issues could be settled first as negotiations continue for the difficult aspects of the case. The bottom line is that the legal counsel for the defendant is likely to get the best possible deal for their client. However, with a motivated and solid accident lawyer by your side, you can always decide whether the deal is good enough or warrants going all the way to trial.