i am talking to my lawyer about a settlement of a car accident, what questions should i ask ?

by Carroll Legros 6 min read

The attorney and their team must tell you honestly if they believe you have a valid case and whether you have a reasonable expectation of collecting a settlement for your injuries. You can also ask what type of documentation you will need to produce to allow your lawyer to build a strong car accident injury claim.

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Should I accept a car accident settlement offer?

Jan 03, 2018 · As a car accident attorney, I walk my clients through all the facts they need to know before agreeing to a settlement. Know What Your Car Accident Case Is Worth. An insurance company’s goal is to maximize their profits, not look out for your best interests. Their first settlement offer to car crash victims is based on what they think you will ...

What questions should I ask my lawyer before accepting my settlement?

Sep 08, 2016 · Usually that means it is best if you at least start a discussion with an experienced car accident lawyer within the first few days or weeks of the collision. If you want to increase the likelihood that you get the full compensation you deserve from your car accident lawsuit settlement, contact Turbak Law Office at 866.231.0914 to speak to an ...

Do I need an accident attorney after a car accident?

Oct 19, 2018 · BEFORE YOU SETTLE, WHAT FOUR QUESTIONS MUST BE ASKED? When a reliable accident lawyer is representing you, and when the negotiations for your settlement are underway, these are the questions that you will need to ask and answer before you accept a final settlement: 1. What is the status and prognosis of your medical condition? 2.

What questions should you ask a car accident lawyer?

Oct 05, 2018 · The 4 Most Important Things You Should Ask for in a Car Accident Settlement. Car accidents happen without warning. Life following a collision is also unpredictable. Recovery may disrupt your life in ways that are not easily measured by dollars and cents. Often, the most significant losses don’t come with receipts, and it can be difficult to ...

What should I ask for in a settlement?

The following items will be factored in to a potential settlement:Past and future medical bills.Rehabilitation costs.Pain and suffering.Therapy.Lost wages and/or future income.Jul 2, 2020

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

How do you ask for more money in a settlement?

Let's look at how to best position your claim for success.Have a Settlement Amount in Mind. ... Do Not Jump at a First Offer. ... Get the Adjuster to Justify a Low Offer. ... Emphasize Emotional Points. ... Put the Settlement in Writing. ... More Information About Negotiating Your Personal Injury Claim.

What should I ask for after an accident?

According to the III, here's the most important information drivers should exchange after an accident:Full name and contact information.Insurance company and policy number.Driver's license and license plate number.Type, color and model of vehicle.Location of accident.

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•Feb 6, 2020

What is a reasonable settlement offer?

A successful outcome also includes “an offer of settlement which we recommend as acceptable and which, in our reasonable opinions, represents an appropriate conclusion or resolution of the matter”…the reason for this comes down to the repercussions which occur when a reasonable offer of settlement is rejected.

How do insurance companies determine settlement amounts?

Insurance companies determine settlement amounts by looking at three factors: liability, damages and the terms of the insurance policy. In order for an insurance company to offer a settlement, liability must be clear.

How do you respond to a low settlement offer?

Steps to Respond to a Low Settlement OfferRemain Calm and Analyze Your Offer. Just like anything in life, it's never a good idea to respond emotionally after receiving a low offer. ... Ask Questions. ... Present the Facts. ... Develop a Counteroffer. ... Respond in Writing.Jan 7, 2021

How long does it take for insurance to pay out after accident?

Once an insurance company has admitted liability and agreed to process the claim, they tend to move quickly. Some claimants receive their compensation in a few days. More commonly, the claimant will receive their compensation payment within 2 and 4 weeks.

How do insurance companies determine fault?

Insurance companies determine fault based on the legal definition of negligence in the state where the accident occurred. Negligence occurs when a person fails to exercise the amount of caution a reasonable person would under the same circumstances.May 6, 2020

Who gets the insurance check when a car is totaled?

If you're financing a car that's been totaled, your insurance company will likely make the claim check payable to both you and your lender, which means you'll have to come to an agreement with your lender on how to release that money, the Insurance Information Institute (III) says.

HOW WILL A CAR ACCIDENT ATTORNEY HELP YOU?

Your attorney will be an experienced negotiator and trial attorney who will know how to prevail on your behalf. Your attorney will explain and prot...

WHAT’S THE FIRST RULE ABOUT NEGOTIATING FOR A SETTLEMENT?

The first rule about negotiating for a settlement outside of court is that there should be genuine negotiations – in other words, you should not ac...

BEFORE YOU SETTLE, WHAT FOUR QUESTIONS MUST BE ASKED?

When a reliable accident lawyer is representing you, and when the negotiations for your settlement are underway, these are the questions that you w...

WHY IS YOUR MEDICAL CONDITION AN IMPORTANT CONSIDERATION?

An insurance company will typically want to settle with you right away after a traffic accident, but it may be weeks – or even longer – until your...

IS THE SETTLEMENT AMOUNT THAT YOU ACCEPT GOING TO BE ADEQUATE?

When you accept a settlement offer, because it is your last opportunity to acquire compensation, you must be certain that the amount being offered...

DO YOU UNDERSTAND THE TERMS AND CONDITIONS OF THE AGREEMENT?

Make certain that you ask your personal injury lawyer to answer all of your questions and address all of your concerns regarding your settlement. D...

WOULD IT BE BETTER TO FILE A LAWSUIT?

Sometimes, the two sides in a personal injury case simply cannot come to an agreement. If you and your attorney have negotiated in good faith, and...

WHEN SHOULD YOU SEEK AN ACCIDENT LAWYER’S HELP?

A final settlement or verdict may in some cases be limited by the available insurance coverage, but your attorney will seek all available sources o...

What can you ask for in a car accident settlement?

If you were involved in car accident and it is determined that it was someone else’s fault, their insurance company should reimburse you for all of the expenses relating to the accident, including medical bills, lost earnings, property damage, emotional distress, and more.

How long does it take to settle a car accident in South Dakota?

In South Dakota, you have three years in most car accident cases involving personal injury to settle a claim or file a lawsuit, but the time can be much shorter if the at-fault driver was working for a governmental entity at the time of the crash.

What is contributory negligence in South Dakota?

South Dakota is a contributory negligence state, which means that if the other person’s insurance company can prove that you contributed “more than slightly” to the accident, you are barred from recovering anything. Because of this insurance friendly law, it is absolutely critical that you document every aspect of your case, from the moment it occurs. You will need to provide accident scene photos, police reports, and witness statements that support your claim. The at-fault driver’s liability insurance company does not have to pay for any of your losses unless ordered by a court or you come to an agreement on the total amount the insurance company should pay you for all your losses. Insurance companies frequently take a hardline approach to settling car accident claims.

What happens if you are injured in a car accident?

If you were injured, you will need to document not only your injuries, pain, and suffering, but also the long-term consequences of the accident, including changes to your appearance and loss of physical abilities. You have a right to be compensated for the emotional toll of the car accident as well. In addition to compensation for your injuries, ...

Do you have to pay for at fault driver's insurance?

The at-fault driver’s liability insurance company does not have to pay for any of your losses unless ordered by a court or you come to an agreement on the total amount the insurance company should pay you for all your losses.

Do you have to be compensated for an emotional car accident?

You have a right to be compensated for the emotional toll of the car accident as well. In addition to compensation for your injuries, you will need to be reimbursed for any current or future costs associated with your treatment.

How long after a car accident can you speak to an attorney?

You may be contacted by the insurance company even before you are able to speak with an attorney – possibly just two or three days after the traffic collision. A first settlement offer will almost always be a “low-ball” offer that is far below what your injury claim is actually worth.

What does it mean to sign a settlement?

A settlement is a contract; signing it means that you understand, accept, and will abide by the contract’s terms and conditions. Most personal injury settlements, for example, include a confidentiality clause. If you fail to adhere to the terms and conditions of the agreement, in some cases, you could lose everything that you have received as ...

What to do if you are injured in Massachusetts?

If you are injured here in the state of Massachusetts by a negligent driver, you have two options for compensation. You can settle the case out of court, or if you are not satisfied with what is offered, you may choose to file a personal injury lawsuit and have the case heard by a jury. Whether or not your personal injury case goes to trial, ...

Can an accident attorney recommend a trial?

If you and your attorney have negotiated in good faith, and an acceptable settlement offer has not been forthcoming, your attorney may recommend taking the case to trial. There is no guarantee that you will win a trial, but an accident attorney will not make that recommendation without believing strongly in your case.

Can you settle a case in Massachusetts with another driver's negligence?

A final settlement or verdict may in some cases be limited by the available insurance coverage, but your attorney will seek all available sources of compensation to ensure that you are adequately and fairly compensated. You must act at once if you are injured by another driver’s negligence in Massachusetts.

What Should I Ask for in a Car Accident Settlement?

You have already been shaken up by the car accident, and the legal aftermath can often be just as stressful as the accident itself. An experienced attorney can help you navigate the legal waters and get you the support you need.

Pain and Suffering

Even after you’ve received treatment, pain from your injury may linger. The overall experience can cause you great physical discomfort, a reality recognized by the law. In a settlement, you can request compensation for pain and suffering, especially if your injuries are severe or long-term.

Emotional Distress

A car accident is a stressful, if not traumatic, event. You can also get funds for this impact on your way of life. Emotional distress can take many forms, but if your mental health is affected by the car accident, the at-fault party may be required to give you compensation.

Financial Losses

You may already be aware that you can claim medical expenses as part of a car accident settlement. What you might not realize is that you can also recover lost wages and the cost of support devices, like crutches or a wheelchair, that you must incur because of the accident.

Lost Opportunities to Enjoy Life

In general, personal injury law is intended to put the hurt person back in the state they would have been in had the accident not happened. Since that’s not possible, money is used as a substitute.

Speak with a South Dakota Car Accident Lawyer

Turbak Law Office is a dedicated group of South Dakota car accident lawyers who can help you get the right settlement. Contact us today to learn more at ( 866)-231-0914. We will help you get the compensation you deserve.

What happens if you settle a car accident case?

If you choose to take a quick settlement, you may end up with some fast cash, but you also might not be getting fair compensation for your injuries. The more serious your injuries, the more seriously you should take the settlement process. After all but the most minor car accidents, it's usually a wise move to discuss the ins and outs of your potential claim with a car accident attorney. Remember, once you accept a settlement, you can't go back and ask for more money, and you can't file a lawsuit, even if it turns out your injuries are worse than you first thought.

What happens when you get an acceptable settlement offer?

When you have finally received an acceptable settlement offer, make sure that you have it in writing, that it will cover any necessary future medical treatment, and that it will leave you with a reasonable amount after deducting your attorney’s fees (as set by the contingency fee agreement you entered).

What is a car accident demand letter?

The car accident demand letter is your first and best opportunity to present your case to the insurance company, including the facts of the accident and details around your medical treatment. The initial amount demanded is usually much higher than the settlement you would be willing to accept, so that you or your attorney have room to negotiate.

What happens if a court calendar is backed up?

If a court’s calendar is backed up, hearing and trial dates might get pushed back by weeks or months, delaying the resolution of the case, and possibly leading to a settlement by someone who has grown tired of waiting. The most important variable in settling a car accident case is you.

What happens when the fault is clear and undisputed?

Where fault for the car accident is clear and undisputed, the at-fault driver's insurer will likely be motivated to settle, and could come to the table with a fair offer early on. However, where fault is in dispute, the insurance companies will have to conduct a thorough investigation, which could add weeks or months (not to mention contentiousness) to settlement negotiations.

What does a car accident attorney look for in a case?

Your car accident attorney will look carefully at the facts of your case to identify all potentially liable parties and their insurance resources to obtain the highest settlement possible for you. On the subject of liability, you can also be found to be liable for the accident.

What happens if you are injured in an accident that someone else's carelessness or recklessness caused?

What this means is that, if you were injured in an accident that someone else’s carelessness or recklessness caused and you file a personal injury lawsuit, chances are high that your case will end in a settlement rather than an award by a judge or jury.

What is the duty of care in a case?

to prove liability, you must show: The defendant owed you a duty of care. A duty of care is a legal standard that differs depending on the defendant’s role in the accident.

How does the severity of your injury affect your settlement?

The Severity of Your Injuries. The severity of your injuries has a huge impact on your settlement. Severe injuries generally require more medical treatment and a longer recovery period. This increases the medical expenses and even the amount of lost wages you can claim.

What age can you serve alcohol in Florida?

If the driver was over-served at a bar or restaurant before they got into the car, that business may also be liable, since Florida law prohibits businesses from serving alcohol to people under the age of 21 or who are known to be addicted to alcohol.

How does insurance affect settlements?

One of the most important factors that can impact the amount of money you receive from a settlement is the availability of insurance resources. The reason for this is that insurance policies are almost always how settlements are paid. While it is technically possible to sue a liable party who has no insurance—and you may even get a verdict in your favor if you do—it may be very difficult to collect that award from the liable party as many drivers don’t have the kind of money needed to settle your case just lying around.

How many car accidents occur in Florida each year?

More than 400,000 car accidents occur in Florida each year. And more than 125,000 of those accidents involve injuries. While many of those injuries are minor enough that the drivers’ personal injury protection policies easily cover medical expenses and lost wages, others are serious injuries that entitle the injured party to file a personal injury lawsuit against the person or entity that caused the accident.

What is a car accident settlement?

A car accident settlement can reimburse you for the money that you’ve paid out. It can also make up for lost wages, physical or psychological trauma, and the cost of replacing your car.

How to get a rough estimate of car accident settlement?

If you want to get a rough estimate of how much to expect from a car accident settlement, add up your expenses for medical bills, car repairs and lost wages. Multiply that sum by three.

What can a car accident lawyer do?

Working with a car accident lawyer can help you receive reasonable compensation that may exceed the amount that the insurance company would offer you on your own. An automobile injury attorney will help you present every detail about your case to the insurance company or a judge.

What happens if you get involved in a car accident?

If you have been involved in a car accident, you’re probably dealing with medical bills, insurance payments and emotional distress. Auto wrecks always seem to happen at the wrong time, and they can leave you hassling with issues that you never thought you would have to deal with. A car accident settlement can reimburse you for the money ...

What does an insurance adjuster do?

A lawyer will help you take the measures that are necessary to protect yourself if you’ve been injured in an auto wreck. You’ll need to document everything related to the accident.

What does a judge take into account when settling a wreck?

A judge will take into account the type of injury, treatment plan, length of therapy, loss of income and severity of the wreck. In most cases, a settlement is only offered when the medical treatment has been completed. Permanent injuries will influence the amount of compensation that you receive. If you’re working with an insurance company ...

How long do you have to file a lawsuit after being in an accident?

If you’ve been hurt in an automobile accident, make sure that you move quickly. You typically have one or two years from the date of the accident to file a lawsuit. A minor can file a lawsuit any time before their 18 th birthday.

How Much Do You Charge and What is a Contingency Fee?

How Much Do You Charge and What is a Contingency Fee? This is usually one of the most important questions for most car accident victims, as you may want to sue, but may be afraid of being faced with large legal bills if you don't win. Most car accident attorneys will work on a contingency fee basis, which means that they only get paid if you win.

What Court Fees and Costs Will I Be Responsible For?

What Court Fees and Costs Will I Be Responsible For? Even if a lawyer charges on a contingent fee basis, you may be responsible for court costs and fees and other costs the lawyer incurs in investigating and bringing the lawsuit. Our firm does not charge you fees or costs, unless we recover a settlement or verdict for you.

How Long Do I Have to File My Lawsuit?

How Long Do I Have to File My Lawsuit? There is a statute of limitations - or a maximum time limit - that you have in most jurisdictions if you want to file a lawsuit. It is important to know what this deadline is, so you can make sure you file your lawsuit before the deadline passes.

What Are My Potential Damages?

What Are My Potential Damages? You may be able to recover not only for medical bills and lost wages, but also for pain and suffering, emotional distress, or other types of damages you suffered. Your lawyer should be able to fully explain to you the extent of your recovery options.

What Is My Case Worth?

What Is My Case Worth? Ask this question. Your lawyer will have some idea. It is true that it can be a broad range based upon discovery, liability and unknown medical issues. At the very least, your lawyer should be able to provide a spectrum and explain the unknowns to you. Use your own judgment.

How Long Do You Think My Case Will Take?

How Long Do You Think My Case Will Take? It may take a long time for a case to go to trial and an even longer time for you to get your money. It is important to be aware of this, so you can make plans for how to handle medical bills in the meantime.

Have You Tried These Types of Personal Injury Cases Before?

Have You Tried These Types of Personal Injury Cases Before? Lawyers are hungry to get personal injury lawsuits. There is immense competition and some firms spend millions of dollars on advertising. Do not assume, just based upon advertising, that the lawyer has handled or tried your type of case. Ask for your lawyer's experience and results.