Calvin Smith Law - The Injury Lawyers

Ask Lawyers in Atlanta: How Much Should you Settle For?

lawyers in Atlanta

One of the first questions our clients ask us when we first meet is how much their case is worth. It’s only natural that you’d want to know how much you’ll be compensated for your injuries. If somebody else caused the accident, they should have to pay. The good news is that we have some of the best car accident lawyers in Atlanta. They can help you file a claim against the other driver’s insurance company. If that doesn’t work, they’ll have no problem filing a lawsuit against the other driver. Our Atlanta, Georgia personal injury lawyers work hard to get our clients every penny they deserve.

One thing we always explain to our clients is that there’s a good chance their case will settle. More than 95% of all personal injury cases settle before they ever get to trial. There are several reasons for this. One of the big reasons is that if you go to trial there’s always a chance you can lose. If that happens, you walk away with nothing. Trials are also very expensive. Your Atlanta, Georgia personal injury lawyer may have to hire expert witnesses. They may also have to pay to hold depositions. This is in addition to any other costs and fees associated with your case.

The other thing about going to trial is that it can take years to have your case go before a judge. The judges’ dockets were already crowded before COVID-19 hit. Now they’re more backed up than ever. This is why we do our best to negotiate a fair settlement with the defendant’s insurance company.

Ideally, the Insurance Company Will Pay Your Claim in Full

In a perfect world, the defendant’s insurance company would pay your claim in full. Unfortunately, we don’t live in an ideal world. There are all sorts of reasons why the insurance company may deny your claim. Some of these include:

  • the insurance adjuster believes you caused the accident
  • the insurance company thinks you’re exaggerating your injuries
  • you didn’t call the police so there’s no accident report
  • you have a history of filing accident claims
  • you did not submit all the necessary information to the insurance company
  • you filed your claim too late
  • the policy was invalid or cancelled for non-payment

As long as the policy was valid, our Atlanta, Georgia personal injury lawyer can file an appeal on your behalf. Of course, there’s never a guarantee that the insurance company will pay your claim on appeal. This will leave you with no choice but to file suit against the other driver.

If Need Be, Your Personal Injury Lawyers in Atlanta Can File Suit

When you file suit, you want to make sure you have the best car accident lawyer in Atlanta handle it for you. They’ll make sure they name any potential defendants in the case including the defendant’s insurance company. They will also make sure to list any damages you’re entitled to in the initial complaint. Some of the damages they may demand include the following:

  • medical bills and future medical bills
  • lost wages
  • lost future income
  • property damage
  • pain and suffering

Depending on the facts of your case and the seriousness of your injuries, you may be entitled to some or all the above. Once the defendant receives a copy of the complaint, they’ll have 30 days to file a response. Since the insurance company is legally required to defend them, they will be the ones who file an answer.

Before You Think About Damages, You Must Prove Negligence

Before you can even think about settling your lawsuit, your personal injury lawyers in Atlanta must prove negligence. This means that they have to show that the other driver did not behave the way your reasonable person would have given the circumstances.

In order to prove negligence your attorney will have to demonstrate the following four things:

  • the defendant owed you a duty of care
  • they breached this duty
  • you suffered an injury
  • your injury was caused by the defendant’s breach

Your attorney will use whatever evidence is available to them to prove that the other party was negligent. While they’re doing this, they will also be negotiating with the defendant’s attorney to settle the case.

Even the Best Car Accident Lawyers in Atlanta Settle

Some people think of a settlement as if they’re giving in. The truth of the matter is that settlements are in the best interest of both parties. As explained above, there are many benefits to settling as opposed to going to trial. Some of the factors that may impact the amount of your settlement includes the following:

  • the seriousness of your injuries
  • the amount of medical bills you have incurred
  • whether or not you’ve become partially or totally disabled as a result of the crash
  • how strong your evidence is
  • whether there is evidence that you may have been partially at fault
  • the limits of the defendant’s insurance policy

Between your Atlanta, Georgia personal injury lawyer and the defendant’s attorney, they will try to come up with a figure that makes both parties happy. Technically, since the insurance company will be the one paying the settlement, it should not matter to the other driver how much they settle it for. This means it comes down to you and how much you’re willing to compromise.

The Goal Should Be to Come Out Whole

One thing we try to explain to our clients at the very beginning is that our job is to make them whole-it is not our job to make them rich. Regardless of what you’ve seen on television and in the movies, you should not expect to walk away from your lawsuit with a ton of money. Aside from damages you receive for pain and suffering, any compensation you receive should be directly related to the losses you’ve experienced. A car accident lawsuit is not an opportunity so enjoy a windfall of sorts.

Contact One of the Best Car Accident Lawyers in Atlanta

If you or your loved one have been injured in any type of motor vehicle accident, you should call one of the best car accident lawyers in Atlanta. We can schedule you for a free, initial consultation within days of your accident. This will give us a chance to review your case and get started on your insurance claim right away. Since your initial consultation is free, you have nothing to lose.


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Calvin Smith Law - The Injury Lawyers

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