Settling Your Case: Can It Happen?

Posted on: 9 December 2022

Share  

After a car accident, you may have heard of people getting settlements. To find out what a settlement is and what circumstances should be in place to get one, read on.

What Is an Accident Settlement?

When you settle a case, you are agreeing to release the other side from any accident liability. In return, you are to be paid an agreed-upon sum of money. A settlement is not appropriate for all accidents, but more people settle their cases than take them to court. If a drunk driver has hurt you, you may be entitled to monetary damages and that can be paid via a settlement. Settlements can take place mere weeks after an accident. Court cases can take months to get started and complete. Several factors influence whether your case will settle.

Liability

The word above refers to fault. When a driver is said to be liable for damages, that means they caused the accident and are responsible for the other driver's (and their own) damages. Damages, in this case, mean medical bills, lost wages, wrecked vehicles, and more. The faster liability is resolved, the quicker the settlement could happen.

Fault can be established in several ways. Often, the law enforcement officer at the scene of the accident will perform a quick investigation into how the accident occurred. They will interview witnesses and the drivers and make a determination for the accident report. Usually, fault is known by the time the accident report is ready for release. However, if fault continues to be in contention, you may end up taking the accident case to court. There, a judge and jury will resolve fault.

Evidence of Damages

The damage categories listed above all require proof. If you want to prove that you missed 25 hours of work and you are owed $300.00 in lost wages, you should be prepared to present proof of your rate of pay and of employment. Every form of damage needs evidence. That means the below must be gathered:

  • Medical records showing the extent of your injuries.
  • Photos of your injuries.
  • Estimates of vehicle damage
  • Proof of missed work.

And more. If you don't have evidence to support your damages, you won't be offered a settlement and you probably won't prevail in court either. To learn more about your chances of being offered a good settlement, speak to a personal injury lawyer soon to find out more. 

For more info, contact a local law firm