Automobile accidents are all unique, and no two car accidents have identical facts. Sometimes an Oklahoma car accident lawyer may be able to ascertain a possible settlement amount for a case, and at other times it can be nearly impossible to predict a final settlement amount. Numerous factors may affect settlement amounts, including opposing counsel, the specific jurisdiction, and how the discovery phase of litigation unfolds.
Learning more about automobile accident cases can make prospective clients seem confused about their legal rights. You do not have to be scared of insurance companies and other powerful organizations. If you suffered injuries during an automobile accident, then you have the right to pursue compensation for your injuries.
Settlement Negotiations and Automobile Accident Cases
It is necessary to determine the tone for settlement negotiations at the outset of the case. If you are represented by legal counsel, then you should be advised about the purpose of settlement negotiations and how they can benefit your case. The majority of attorneys who litigate car accident cases want to settle cases so they do not waste valuable time or financial resources arguing over Oklahoma car accident statistics.
Court dockets are overburdened with cases. It is, therefore, necessary to use different forms of alternative dispute resolution to conserve judicial resources. Settlement negotiations are one form of alternative dispute resolution that can reduce the overall number of active civil lawsuits.
Settlement negotiations are oftentimes entered into informally at some point in a civil lawsuit. It is possible for a case to settle the night before the trial is set to begin. The defense attorneys and plaintiff’s attorneys will present offers and counteroffers during settlement negotiations.
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Estimating Settlement Amounts for Automobile Accident Cases
It is difficult to estimate settlement amounts for automobile accident cases. It is important to scrutinize the facts of a particular case and determine if liability is clearly established. If it is likely that the defendant will not contest liability, then it is more likely that the case will settle sooner rather than later.
However, estimating the time at which a case will settle is completely different than estimating that the case will settle for a certain amount. It is impossible to determine how much a case will settle for based on cases with similar facts. One case may settle for less or more depending on the defense attorney and how the case has been litigated.
Speaking with an attorney about your automobile accident case is the best way for you to determine if you can estimate the approximate value of your automobile accident case. Your attorney will be able to examine the facts of your case and provide you with a detailed opinion about the amount of damages you may be able to claim. By working with your attorney, you can estimate the damages amount and then use that amount to initiate settlement negotiations.
Alternative Dispute Resolution and Settlement Negotiations
Settlement negotiations are essentially a form of alternative dispute resolution. Mediation and arbitration are the two other examples of alternative dispute resolution. If your case does not settle during settlement negotiations, then it is likely it will settle during mediation.
A mediation is an informal series of meetings between the mediator and the parties. Acting as a go-between, the mediator will speak with both parties and attempt to help the parties reach a settlement agreement. However, sometimes the mediation ends without the parties having come to a settlement agreement.
Arbitration may be either binding or non-binding. Sometimes cases will be arbitrated, but the difference between arbitration and mediation is that the arbitrator has the power to issue a judgment and bind the parties. However, non-binding arbitration is also an option in many civil lawsuits.
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Communication Is Important to Productive Settlement Negotiations
Settlement negotiations need to be productive. Sometimes parties can engage in long-winded conversations that never come close to resolving the case. Therefore, communication is extremely important during settlement negotiations because the parties need to make their demands and concessions clear to one another.
Without clarifications and an organized system in place, settlement negotiations can seem like a waste of time. A skilled lawyer will ensure that your legal rights are protected during settlement negotiations. Also, you need to make sure you stay informed of the status of the settlement process.
It takes time for settlement negotiations to bear fruit. However, if the parties remain patient and vigilant, then they can usually reach a prospective settlement agreement that is acceptable to both parties. However, it is difficult to determine the value of any civil lawsuit because the facts of every case are absolutely unique.
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The Types of Injuries Victims Often Suffer During Automobile Accidents
Automobile accident victims often do not know the full extent of their injuries until they have already been treated for their initial injuries. Surgeries may be necessary, and long-term nursing care may be required for a patient to continue to recover. The following are some of the most common injuries suffered by automobile accident victims:
- Spinal cord injuries
- Traumatic brain injuries
- Knee injuries
- Neck injuries
- Bone fractures
These types of injuries may cause temporary or permanent disability. You have the right to seek monetary compensation for your injuries. Do not wait to get started on your automobile accident case because an attorney needs to request medical records and analyze the facts of your case.
Reach Out to BDIW Law Today to Learn More About Your Legal Rights
Reaching out to an attorney for help can be intimidating if you have never needed legal representation before. However, if you have any questions regarding your legal rights, you should speak to an attorney. If you want to pursue financial compensation for your injuries, then contact us today to learn about the legal services we offer.
We understand how confusing it can be to think about every aspect of an automobile accident case. You do not have to worry about filing deadlines or court appearances if you retain an automobile accident lawyer. While you focus on recovering from your injuries, we can protect your legal rights.
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