Settling a Car Accident Personal Injury Claim? 3 Things that Can Support Your Request in the Demand Letter
After filing a car accident personal injury claim, your car accident attorney will work towards settling the case out of court and helping you and the other party reach a reasonable and fair settlement. This is quite normal, as 95% to 96% cases are settled out of court. During the negotiations, you and your attorney will have to draft up a demand letter that proposes the settlement amount that you're seeking. In most cases, this amount will be a bit higher than what you're actually willing to settle for. In order to make your request seem reasonable, you should include evidence to support your request.
Settlement Amount of Similar Previous Cases
In most cases, the judge will usually base your award on similar cases that have been settled in the past in court. They usually like to follow precedence. With that said, if you can find similar cases that have been settled in court, you can cite the similar cases in your demand letter. This is usually the minimum amount that you would be willing to take, as you would generally request for a larger sum, as settle without going to trial means that both parties save on legal fees and time.
Medical Reports Documenting the Severity and Extent of the Injuries You've Sustained
It's imperative that you are able to outline just how much the accident has affected you and your life. The best way to demonstrate this is to provide some medical reports that document the severity and the extent of all of the injuries you've sustained. An outline of the recovery rate of the injuries should also be provided if possible, as well as any testimonies that a medical expert may offer in regards to the type of medical treatments and medications that would best aid in your recovery.
Findings from an Accident Reconstruction Expert
An accident reconstruction expert can also provide findings that basically prove that the other party is responsible for the accident. The accident reconstruction expert will take a look at photographs of the damages sustained by each vehicle, as well as the final position of each vehicle and road conditions, to determine how the accident unfolded. From there, you can easily determine who was likely at fault.
Support your claims in your demand letter, so that the compensation you are requesting seems reasonable and fair. It's important to keep in mind that the opposing party may not be willing to settle immediately. They might still want to continue negotiating with you until they reach a number that they are happy with.
Learn more about the process by contacting lawyers through firms like True Guarnieri Ayer LLP.