From Negotiation to Litigation: Understanding the Tactics Used by Car Accident Lawyers

29th February 2024

Summary

• The tactics used by car accident lawyers are effective methods for recovering fair compensation from insurance companies.
• Victims of car accidents suffer physically and financially; sometimes, it is necessary to file complicated personal injury lawsuits to receive fair compensation for these damages.
• Car accident attorneys can help you defend your rights and ensure a good outcome for your case.
• Your attorney will first attempt to negotiate with the at-fault party and their insurance provider, and will move on to negotiation if they don’t cooperate.

Car accidents lead to significant physical, emotional, and financial hardships for those involved. A car accident lawyer needs effective strategies to defend your interests and make sure you receive fair compensation.

At Sand Law, we have helped many victims of car accidents, both drivers and passengers, seek justice and recover the compensation they deserve. Get started by calling us at (701) 394-3715 or contacting us online.

Negotiation Tactics Used by Car Accident Lawyers Can Benefit Your Claim

Car accident attorneys like to be familiar with the ins and outs of a case so that they can offer the most effective representation possible.

Initial Case Assessment

Every client’s needs are different. Before diving into negotiations, car accident lawyers must first assess the case. Car accident lawyers will gather evidence like police reports, witness statements, pictures of the accident scene, and medical records.

Facts of the case like posted signage and weather conditions are taken into account. With this information, we can evaluate who has liability and what your damages are. From there, we will determine the strength of the case and the potential compensation for the client.

Demand Letters

A part of every car accident lawyer’s negotiation strategy, a well-crafted demand letter outlines what happened in the accident. The demand letter includes why the other party was at fault and what a fair settlement would be. Demand letters often provide a description of your car accident injuries, their treatment, and their effect on your quality of life, along with income loss estimates and other damages.

An experienced car accident attorney knows how to estimate the damages you’ve suffered and support that claim with strong evidence. A good demand letter starts negotiations off with the ball in your court.

Settlement Agreements

The goal of negotiation in a car accident claim is to reach a settlement agreement that fairly addresses the needs of the victim. Car accident lawyers review and negotiate settlement offers on behalf of their clients, ensuring you receive fair compensation for all of your damages.

Car accident lawyers also make sure that settlement agreements adhere to all of the legal requirements they need to be properly enforceable.

Transitioning to Litigation to Settle a Car Accident Claim

When negotiations fail, and a fair settlement cannot be reached, car accident lawyers turn to litigation instead. Negotiating a lawsuit in court can be a lengthy process, but sometimes it’s the only way for car accident victims to receive the compensation they deserve.

Filing the Complaint

The first step of a personal injury lawsuit is filing the complaint. This document outlines how your rights have been violated and demands compensation. This puts the lawsuit into motion and the insurance company must respond. This can be a valuable tactic used by car accident lawyers because it shows the plaintiffs is willing to fight for their settlement.

Discovery

In the discovery process, your car accident lawyer has the opportunity to demand evidence from the insurance company’s lawyers, and they can do the same. This allows everyone to get on the same page with the evidence that’s being discussed.

Mediation

Over the course of filing a car accident lawsuit, there are multiple opportunities for both parties to settle out of court with the help of an impartial mediator. Mediation is a key stage in the car accident claims process. In mediation, a good car accident lawyer will make sure that your rights are defended and that any agreement reached takes care of your needs.

Trial Preparation and Representation

Most cases are settled out of court long before a trial can occur. Trials can be long, messy, and expensive. However, if necessary, your car accident lawyer is prepared to represent your interests in court.

When preparing for a trial, car accident lawyers are careful throughout the juror selection process. Their goal is to select jurors who are impartial and likely to empathize with your case. Once the trial begins, your attorney will present evidence, witnesses, and expert testimony to support your claims.

Tactics for Talking to Insurance Companies

Insurance companies are all about the bottom line. Their number one goal at all times is to pay you as little as they can. Any communication with an insurance company can be used against you in bad faith, so you should carefully consider any information you provide first.

Understanding Insurance Company Tactics

Insurance companies try anything they can to avoid taking full responsibility for your damages. A car accident attorney must be ready to fight back. Some of these tactics include:

• Delaying: Insurance companies will put you on hold for hours, demand minor paperwork corrections, and generally try to slow things down until you give up.
• Disputing liability and damages: Insurance companies will dispute the facts of the case, like who is at fault, what caused the car accident, and the extent of the damages, in an attempt to minimize payouts.
• Lowball offers: Insurance companies offer quick settlements below what the claim is worth, counting on frustrated car accident victims wanting to move on quickly.

Effective Communication Strategies

When dealing with an insurance company, a car accident attorney knows how to communicate effectively. Insurance companies will try to sweep your case under the rug if they can, so lawyers will stay persistent. They will follow up frequently and make it clear that they will take legal action if the insurance company won’t cooperate.

Call Sand Law today to Benefit From the Tactics Used by Our Resourceful Car Accident Lawyers

After a car accident, it can feel overwhelming to deal with your injuries, emotional trauma, and financial burdens. The legal system is complicated and frustrating. If you’re dealing with an uncooperative insurance company, receiving compensation for your damages can seem very far away.

In the aftermath of a serious auto accident, one of the best steps you can take is to get in touch with a respected personal injury lawyer to represent your case. The team of car accident lawyers at Sand Law is ready to advocate for the compensation you need, whether you were a driver or passenger in the accident.

Learn more by contacting us online or calling (701) 394-3715 for a free consultation.

Frequently Asked Questions

How long do I have to file a complaint after a car accident?

In North Dakota, the statute of limitations for filing a personal injury lawsuit is six years from the date of the accident. However, there are exceptions to this rule. Don’t automatically assume you are ineligible without first speaking to a local personal injury lawyer.

Can I still recover compensation if I’m partially at fault for the car accident?

Yes, North Dakota personal injury law employs a modified comparative negligence system. As the injured plaintiff, you can still recover compensation for your injuries even if you were partially at fault for the car accident. However, be prepared for your compensation to be reduced based on your percentage of fault.

What damages can I be compensated for after a car accident?

North Dakota car accident victims can recover compensation for a variety of damages after a car accident, both economic and non-economic, in a personal injury claim. These can include:

• Medical bills
• Lost wages
• Reduced earning potential
• Vehicle repair
• Pain and suffering
• Mental anguish
• Emotional distress
• And more

Talk to a North Dakota auto accident lawyer to learn more about types of compensatory damages.