How Does the Settlement Process Work?

The settlement process begins the moment after the accident happens. Even before you contact our Harford County personal injury lawyers or speak to an insurer, events are occurring that could impact your claim later on.

The earlier you consult with our law firm, the sooner we can start explaining how the settlement process works, what you can do to pursue a fair settlement, and how to deal with insurers who do not want to offer you what you deserve.

The Beginning of the Settlement Process

As soon as the accident happens, you have the power to influence the settlement process. Our injury attorneys recommend that you:

• Get medical attention. Promptly seeing a doctor shows that your injuries are serious and establishes a connection between the crash and your injuries. This could make it easier to get compensation for injury-related medical expenses.
• File a report. In many cases, this involves calling 911 and having the police come to investigate your accident. In other cases, you should file a report with the owner or manager of the property where your accident occurred.
• Document the scene. If possible, take photos or video of the general environment, your injuries, and your vehicle (if applicable). You should also keep any receipts and communications you receive from anyone involved in the accident or in helping you recover from the accident (e.g., your doctor).
• Get legal advice. The settlement process is not always as straightforward as it should be. Our accident attorneys can explain your options and ensure you do not make avoidable mistakes as you seek compensation.

All of these actions help establish the severity of your losses and the at-fault party’s liability for those losses. This could make it easier to recover an appropriate settlement once you start communicating with the insurance company.

Avoid Speaking to the Insurer Alone at Any Point in the Settlement Process

The insurer knows exactly how the settlement process works and will not hesitate to use that knowledge against you in an attempt to reduce your payout. They might try to mislead you during the process by:

• Telling you that you do not need a lawyer
• Offering a low settlement and then refusing to negotiate
• Asking you to give a recorded statement about the accident, which they can then examine for inconsistencies or seeming contradictions to use against you
• Demanding more and more information as a way to delay your case

It is in your best interests not to agree to any of the insurance company’s requests—at least not until you have had the chance to consult our personal injury law firm.

If the insurer tries to contact you, tell them that you want all communications to go through your attorney. We can provide them with everything they need to fairly evaluate your case while keeping you informed about what is going on.

Negotiating the Settlement You Deserve

The negotiation process can take weeks or even months to complete, depending on how much available evidence there is and how willing the insurance company is to admit liability and engage in good-faith communications.

Before negotiations begin, you will want to have a solid idea of how much you are entitled to recover for:

• Pain and suffering
• Loss of consortium
• Disability
• Scarring and disfigurement
• Reduced quality of life
• Medical bills
• Property damage
• Loss of wages
• Loss of earning capacity

Knowing the value of your losses allows you to better evaluate the insurance company’s settlement offers. Our accident injury lawyers can determine what damages you qualify for, meet with the insurance company to fight for the right settlement, and review all settlement offers with you before agreeing to anything.

How Does the Settlement Process End?

The settlement process can end in one of two ways:

You Receive Your Settlement

After successful negotiations, you and the insurance company will sign an agreement. Terms may vary, and you should always go over the agreement with your legal representative before signing it. In general, the agreement will state that the insurer agrees to pay you a certain amount, and that you agree not to take further legal action against the liable party.

Your settlement may be paid through either a structured settlement or a lump-sum payment. Our legal team can help you select the payment method that is right for you.

You Begin the Litigation Process

There are some cases where negotiations do not work or are simply not an option. These situations are rare, but when they do happen, our accident injury lawyers will begin a lawsuit by notifying the at-fault party, their insurer, and the appropriate court. Suing the liable party involves:

• Making arguments in court in front of a judge and jury
• Presenting evidence and witnesses in support of your case
• Working to undermine or discredit the defendant’s evidence and witnesses
• Following all courtroom rules and procedures and making sure the defendant also follows them

A successful lawsuit will persuade the jury that you deserve a monetary award, which they will order the insurance company to pay.

Under Md. Cts. & Jud. Proc. Code § 5-101, you have three years to bring a lawsuit. Waiting too long could mean you forfeit that right and will not have this option available to you if negotiations stall.

Our law firm encourages you to start the settlement process right away, so we have plenty of time to take all necessary actions to get the money your family needs.

Let Us Guide You Through the Settlement Process

Adam Smallow Injury Lawyers has been representing injured people like you since 2010. We are very familiar with how the settlement process works and how to help our clients navigate that process to get the settlement—or, occasionally, the jury verdict—they need to heal.

Call today to get started with a free case assessment.