A car accident can make the involved parties think about many questions such as:

  • Who is responsible?

  • How much am I at fault?

  • Who pays for my car damages?

  • Will insurance providers reimburse lost wages?

  • Who will pay my medical bills?

  • Will I be paid for all the pain & suffering?

To get the answers for many such questions take help from experienced advocates at Naqvi Injury Law firm. They are well-experienced in negotiating and claiming chaotic insurance settlements as well as in and out of court settlements in Las Vegas.

Many of the car accident claims end up in settlements, before entering a trial or without the filing of lawsuits. There are benefits of allowing the jury or judge to take a call on your case, but every accidental injury differs, and thus a number of factors need to be considered before filing a case in a court of law. Let’s explore both options, settling before filing a lawsuit and opting for a court proceeding.

Start with a settlement demand letter

Before going to a court, an injury claim settlement needs to be initiated with a demand letter. Evidence is collected and organized before drafting a settlement demand letter. Evidence includes:

  • Medical records for the received treatment from the hospital.

  • Employment records showing your salary and regular work hours, before injury along with missed time due to injury.

  • Witness statement.

  • Detailed police report.

The demand letter will include a concise but sufficient detail of the happenings, severity of the injury along with the exact medical cost, and the witnesses’ statements. It needs to be sent to the driver at-fault or his or her lawyer and insurance provider.

Benefits of settling accident case before filing lawsuit

  • Receive compensation quickly

  • Circumvent present at several court proceedings

  • Avoid the costly lawyer’s fee

  • Sidestep unpredictable decision of the jury

The main question is whether losing at trial and getting no compensation is risky or not. Actually, it offsets the difference between the settlement proposal and your appraised claim value of the accident.

Going for court proceedings

Sometimes, settlements outside court are not advisable or are impossible. Your settlement demand letter may not get a response or the insurance provider’s settlement proposal may seem very low or unfair. You may even feel that you have been prejudiced and need to get justice in court.

Court case process for car accidents

  • You or your personal injury lawyer files a lawsuit drafting and submitting a legal complaint in a court of law.

  • The complaint is served to the other driver via a law enforcement officer or a process server.

  • The opposition driver is given a specific amount of days to answer your complaint [generally 20 days].

  • Next is the discovery process, where you request information from defendants and vice versa.

  • Written questions or interrogatories are submitted to collect information.

  • A deposition is also another way of obtaining information. The testimony at a deposition gets recorded and it is approved in court.

  • The last step is the trial, where a jury or judge listens to the evidence and determines the case.

Before a verdict, you can settle

At any time, you receive a reasonable proposal during the trial proceeding, you along with your lawyer can settle the matter out of court. The only condition is that it is done before the verdict is announced.