COVID-19: Your safety is our priority. Amidst the COVID-19 outbreak, we are doing our part to keep our clients and team members safe and healthy. The wheels of justice are still moving, but you can stay home while we fight for you. Learn More about the precautions Whitley Law Firm is taking to minimize the spread of COVID-19 and read more about Frequently Asked Questions regarding how the outbreak could affect your case.

When filing an injury claim of any kind, your main goal is to obtain compensation for the damages sustained as a result of your accident. Although some cases must be heard in front of a courtroom for the case to resolve, most cases are resolved via a settlement. However, some settlement offers are below the expectations of the plaintiff, causing the plaintiff to decide whether they should accept or take a case to trial.

For more information regarding settling a truck accident case in Charlotte, schedule a free consultation today. An experienced attorney could review any settlement offers presented by the at-fault party and advise you on whether the offer is worth considering.

Reason for Accepting a Settlement Offer

There are various reasons for a victim to settle their case instead of taking it to trial. For example, there may be instances in which the value of a case is not worth the time and effort to prepare a case for trial. In addition, by taking a case to trial, you are leaving the chances of obtaining compensation up to the court. If they find that the victim is not eligible to obtain compensation, the victim will not be able to file another claim and their chances to recoup compensation is almost nonexistent.

By settling a case, the victim is ensuring that they receive compensation for damages, but they should be careful of accepting a settlement early on. The defendant may offer the victim a settlement lower than the amount of damages they are entitled to. As a result, victims should make sure to have an accurate estimate as to what they are owed and should discuss with their attorney any settlement offers made.

How is a Settlement Calculated?

The initial settlement offer is calculated by the party offering the settlement, which is the defense. Both the plaintiff and the defense can enter into a mediation where they discuss the terms of the settlement and how much they should receive. However, it is ultimately up to the plaintiff to accept a settlement offer if they believe they are being properly compensated for the accident. In most cases, the defense will not take into account how much the plaintiff should be compensated, they will only offer what they think is worthy. Therefore, it is up to the plaintiff to decide whether the settlement covers the damages owed.

How Can Someone Ensure that they Receive a Proper Settlement Award?

A victim wanting to accept a settlement can take the following steps to ensure that they accept a fair settlement. First and foremost, they should consult with their attorney before making a decision. An attorney can help them determine whether it would be better to have money now versus in the future. An attorney can also help with negotiating with the defense in the event that the settlement is too low.

Since it usually takes about two to three months to process the paperwork or check for accepting a settlement, an attorney can keep an eye on the process of the settlement on behalf of the plaintiff.

Get in Touch with a Legal Professional Today

There are many benefits that comes with accepting a settlement when pursuing compensation for damages, such as guaranteeing monetary damages and avoiding taking a case to trial. However, when a person accepts a settlement, they will be ending their claim and will no longer be able to pursue compensation if the settlement does not cover all of their damages. Considering how much is at stake in a truck accident case, you should consult with an attorney before settling a truck accident case in Charlotte.