Factors that Can Affect a Norcross Car Accident Settlement
While a lawsuit can potentially help you receive financial compensation for any injuries you sustained as a result of a car crash, the court process can be slow, expensive, and time-consuming. A settlement, therefore, is often a desirable alternative to bringing a civil lawsuit.
There are, however, several factors that can affect a Norcross car accident settlement. If you are considering settling as an alternative to litigation or want to know more about the process, a motor vehicle accident attorney could help.
What is Included in a Settlement Offer?
In Norcross, before a plaintiff can consider the factors that may impact their car accident settlement, they should understand how a defendant makes an initial offer. Under Official Code of Georgia Annotated §9-11-67, before filing a civil action, any offer to settle a personal injury claim can be prepared by, or with the help of, an attorney. The offer must contain:
- A time period to accept the offer, which cannot be less than 30 days
- Amount of payment
- The persons that will be released from liability if the offer is accepted
- The type of release, if any, if the offer is accepted
- The legal claims that will be released if accepted
Common Factors Which Influence Settlement Negotiations
There are a few significant factors that can affect settlement offers in Norcross car accident cases. A claimant needs to review any offers with an experienced attorney to ensure that they are receiving a fair amount in compensation.
The Seriousness of the Injury
One of the primary factors that can influence the viability of an offer is the injuries that a plaintiff sustained as a result of the accident. Generally, more severe damages tend to produce large settlements because the medical expenses and pain and suffering tend to be greater.
Therefore, more traumatic injuries, such as broken bones and spinal cord damage, typically raise the overall value of settlements. Additionally, cases may increase in value even further if these injuries are permanent such as brain damage, diminished mobility, disfigurement, or amputation.
Lost Wages and Disruptions
Another factor that can impact a car crash settlement in Norcross is how disrupted the life of the injured person has become as a result. Some wounds are so severe that it makes it difficult for the person to perform everyday activities.
Such debilitations can limit or eliminate a person’s ability to work or enjoy leisurely activities. If a plaintiff suffers from any of these interruptions to their life, they likely can consider their lost wages, mobility, and general enjoyment of their life as another factor that may influence their overall offer.
Certainty of Liability
Not all factors deal with the effect on the injured person. Another significant component that may influence the viability of a settlement offer is whether it is clear that one party is responsible for the damages in question. Often, if an offer to settle is too high, the defendant may decide to take their chances in court.
If there is little question as to the responsible party, however, this may have a significant influence on the overall viability of an offer. The defendant, rather than undergoing the financial and timely cost of court, may prefer to enter settlement negotiations instead.
Contact a Norcross Attorney to Discuss the Elements that Can Affect a Car Crash Settlement
Whether you sustained minor or severe injuries, settling a case may be a viable alternative to bringing a lawsuit in court. However, settlement negotiations should not happen without a lawyer by your side. Call a local attorney today to discuss the factors that can affect a Norcross car accident settlement.