If you’ve been in a car accident in Georgia, you’re likely facing a whirlwind of emotions, medical appointments, and paperwork. Insurance companies aim to minimize payouts, so having a skilled lawyer on your side in settlement negotiation is crucial. Accident victims with an attorney tend to receive higher settlements.
One of the key parts of a personal injury lawyer’s job is to negotiate settlements. In a personal injury settlement, the insurance company agrees to pay an amount of compensation and the victim gives up the right to file a lawsuit. If negotiations aren’t successful, the case may go to trial.
At the Weinstein Firm, our car accident attorneys have extensive experience negotiating with insurance companies. Our team will carefully analyze all your damages and work to maximize your settlement amount.
Let’s take a closer look at how lawyers negotiate settlements.
Proving Fault Is Key in Settlement Negotiation
Before settlement negotiation begins, our car accident lawyers at the Weinstein Firm will meticulously gather evidence to prove the other driver was at fault. This can include police reports, witness statements, traffic camera footage, and testimony from accident reconstruction specialists.
Comparative negligence can have a significant impact on car accident settlements. Georgia follows a “modified comparative negligence” rule, which allows an accident victim to recover damages if they are less than 50% at fault.
However, compensation will be reduced by the injured party’s percentage of fault. For example, if you were 30% responsible for a car accident and awarded $10,000 in damages, you would only receive $7,000, reflecting a 30% reduction.
The key takeaway? Insurance companies may try to shift blame onto you to reduce the settlement or avoid paying. It’s crucial to have a skilled personal injury attorney protecting your rights.
Calculating Damages Accurately for Higher Settlements
One of the most critical aspects is accurately calculating damages. The money you can recover in a car accident settlement typically falls into two categories: economic damages and non-economic damages.
Economic Damages
Economic damages are the costs and financial losses due to the car crash. Think about medical bills, lost wages, property damage, and any other expenses you can put a clear dollar amount on. Lawyers and insurance adjusters use receipts, invoices, and pay stubs to determine how much the accident cost you.
Non-Economic Damages
Non-economic damages cover things like pain and suffering, emotional distress, or loss of enjoyment of life. These damages don’t come with a price tag, so they’re often calculated using one of two methods. One common approach is the “multiplier method,” where your total economic damages are multiplied by a number, typically between 1.5 and 5, depending on the severity of your injuries.
Another way is the “per diem method,” which assigns a daily dollar amount to your suffering and multiplies it by the number of days you’ve been impacted.
Our lawyers will fight for a fair settlement that reflects your medical bills, lost wages, future medical expenses, pain and suffering, and any long-term impacts on your quality of life. We will support your car accident claim with medical records, carefully document your financial losses, and provide evidence of your pain and suffering.
How Lawyers Negotiate Settlements
The negotiation process typically begins with our lawyers sending a demand letter to the insurance company. This letter outlines your case, details your injuries and damages, and specifies the amount of compensation we believe you’re entitled to. This initial demand is usually higher than what we expect to settle for, giving us room to negotiate.
Our experienced attorneys know that rushing into a settlement rarely works in the client’s favor. We’re prepared to engage in a back-and-forth process with the insurance company, carefully considering each offer and counteroffer. Negotiating a car accident settlement can take several months or longer. We’re here to support you throughout the process.
Our personal injury lawyers prioritize clear and frequent communication with you. We understand that this is your case, your future, and your life we’re fighting for. We keep you informed at every step, explaining the pros and cons of each offer and empowering you to make informed decisions about your case.
Our lawyers can help you understand the terms of your settlement and how it may affect things like future medical care. We can also assist with setting up structured settlements if appropriate, ensuring that your compensation is managed in a way that provides long-term financial security.
Overcoming Challenges in Settlement Negotiations
Negotiating a higher settlement is rarely a straightforward process. Our Weinstein Firm lawyers are well-versed in handling the various obstacles that may arise.
Lowball Offers
It’s common for insurance companies to start with a low offer, hoping to settle the case quickly and cheaply. Our attorneys are prepared for this tactic and know how to respond effectively, often by reiterating the strength of our evidence and the full extent of your damages.
Disputed Liability
In some cases, the insurance company may dispute who was at fault for the accident. Our lawyers are adept at presenting evidence to clearly establish liability, often bringing in accident reconstruction experts if necessary.
Pre-existing Conditions
Insurance companies may try to attribute your injuries to pre-existing conditions rather than the accident. Our attorneys work closely with medical experts to clearly demonstrate how the accident caused or worsened your injuries.
Delays and Stalling Tactics
Sometimes, insurance companies may use delay tactics, hoping that financial pressure will force you to accept a lower offer. Our lawyers are familiar with these strategies and know how to keep negotiations moving forward while ensuring you’re not pressured into accepting an unfair settlement.
Insurance Policy Limits and Settlement Amounts
Sometimes the at-fault driver’s coverage isn’t enough to cover the cost of an accident. The minimum auto liability insurance in Georgia covers:
- Bodily Injury Liability – $25,000 per person and $50,000 per accident
- Property Damage Liability – $25,000 per accident
The insurance company isn’t required to pay more than the driver’s policy limits. If your damages exceed the insurance limits, you have the option to sue the other driver directly. However, litigation can be costly and the defendant may not have enough assets to pay if your lawsuit is successful.
Our legal team thoroughly reviews all relevant insurance policies, including uninsured motorist coverage. We identify all possible sources of compensation and the limits of each policy.
Preparing for Trial
While most car accident cases are settled out of court, our Weinstein Firm lawyers always prepare as if the case will go to trial. This approach serves two important purposes:
- It ensures we’re fully prepared if a fair settlement can’t be reached and we need to take your case to court.
- It sends a clear message to the insurance company that we’re serious about fighting for your rights, which can often lead to better settlement offers.
Our attorneys have a track record of success. We have recovered millions of dollars for clients in Georgia. This reputation can be a powerful negotiating tool.
Contact Our Georgia Accident Lawyers for a Free Case Evaluation
Negotiating a settlement after a car accident is a complex process that requires skill, experience, and dedication. At the Weinstein Firm, our Georgia personal injury lawyers bring all of these qualities to the table, fighting tirelessly to ensure that car accident victims receive the compensation they deserve.
We understand that behind every case is a person whose life has been disrupted by an accident. Our approach to settlement negotiations is not just about securing compensation, but about helping our clients regain control of their lives and move forward.
If you’ve been involved in a car accident in Georgia, don’t face the insurance companies alone. Let the experienced attorneys at the Weinstein Firm be your advocates in settlement negotiations. Contact us today for a free case evaluation by calling 770-HELP-NOW or using our online form.
