Settling a Truck Accident Case in Virginia Beach
When settling a truck accident case in Virginia Beach, the final decision lies with the injured person. However, determining whether it is a good decision to accept a settlement offer can be difficult if you are not familiar with all of your options. Fortunately, an experienced lawyer from Cooper Hurley Injury Lawyers can make recommendations about whether to accept or deny a particular settlement offer.
If a settlement is unacceptable, then our team could help you file a lawsuit and seek appropriate compensation through the litigation. Oftentimes, truck collision cases settle after a lawsuit is filed but before the case actually goes to trial.
Reasons to Settle Rather than Go to Trial in Virginia Beach
Sometimes, it is advisable to settle a case rather than go to trial. One of the reasons would be that the settlement offer is fair and similar to an amount that could be expected in a trial verdict. Another reason to settle a case would be if there are certain weaknesses to the case or evidence that makes a favorable outcome uncertain. For instance, a jury could conclude that an injured person shares some fault in causing the wreck, which would result in a claimant receiving nothing.
Additionally, settling a truck crash case in Virginia Beach may be advisable if there is some uncertainty about how much money the injured person could expect to receive at trial. For example, if it is strongly contested by the trucking company as to whether a surgery is causally related to the accident, a jury may find in favor of the trucking company and not award financial damages for the surgery. If the jury concludes that it is, the claimant would be awarded the medical expenses and other damages associated with that surgery. The final consideration in deciding whether to accept a settlement offer is the cost as jury trials are expensive.
Dealing with Insurance Companies During a Truck Accident Settlement
Truck drivers are usually insured by companies that specialize in insuring commercial vehicles. Rarely is a tractor-trailer going to be insured by traditional auto insurers like Geico or State Farm. After investigating a claim, the trucker’s insurance company may deny the claim and refuse to voluntarily make payments to an injured party because they feel that their driver was not at fault. The insurance company may also claim that the injured person shared some fault in causing the accident. If the insurer does not deny the claim and they instead decide to accept responsibility, they are merely accepting that their driver is at-fault for purposes of negotiation. This is usually a sign that they will make some settlement offer. It is important to note that this does not mean that the settlement offer will be fair as they may decide to contest certain aspects of a claim. For instance, the insurance company may decide that some of the claimant’s treatment was unnecessary or unrelated. They may also claim that some of the claimed injuries predate the accident.
What Happens After a Claimant Accepts a Settlement Offer for a Truck Accident?
Once a settlement offer is made, the claimant must choose whether to accept it or reject it. Acceptance of an offer means that in exchange for the settlement money, the claimant agrees to forever close his claim against the trucker and the trucking company.
If a claimant discovers that he needs additional medical care or surgery after accepting a settlement offer, he cannot reopen the claim and request more compensation. Therefore, it is important for an injured party to explore all of the damages and future losses to ensure these are incorporated into the proposed settlement. One of our attorneys in Virginia Beach can work with claimants to ensure that all potential future damages are included in a truck accident settlement.
Speak with a Virginia Beach Attorney When Settling a Truck Wreck Case
When settling a truck accident case in Virginia Beach, it is imperative to retain an attorney who fully understands all of your options and what damages are recoverable under state law. The dedicated team at Cooper Hurley Injury Lawyers have the resources and experience to help you through this process. We can get you in touch with the right professional to package together the strongest case to present to an insurance company, resulting in an increase in your case’s settlement value. For help with negotiations of your case, call today.