One of the most important considerations in a Lafayette truck accident case is whether or not to accept a settlement. In some cases, settlements can provide certainty and speed up the resolution of a claim. However, some victims find that the only way to receive fair compensation is to go to trial. For help with your case, reach out to an experienced truck accident attorney.
Settling Versus Going to Trial
There are many different factors that determine whether or not an individual should settle or go to trial. A lawyer can provide advice, but the ultimate decision lies with the victim. One of the most important considerations when making a settlement decision concerns the evidence. If there are questions about liability, or the victim bears some fault for causing the accident, it may wise to settle the case for a definite amount of money instead of risking a loss at trial. Other reasons to consider a settlement are gaps in the victim’s medical treatment or potential criminal issues that may come into the case.
Someone might refuse to take a settlement and instead go to trial if they do not feel like the settlement offer is enough. If the victim has a strong case and the defendant does not make an offer high enough to fully compensate them, a trial may be the best way to maximize recovery.
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Calculating a Settlement Value
The settlement value is calculated based on a few different factors. First, a truck accident attorney will calculate a value for the victim’s economic damages, including past and future medical expenses, prescriptions, lost wages, and property damage. Additionally, a fair truck accident settlement includes compensation for non-economic losses, including pain and suffering, which vary depending on the type of injury and the length of treatment.
In some cases, negligence on the part of the injured person can affect the settlement amount. If the injured person is found to be somewhat at fault for the accident, it is going to reduce the amount of money that they would recover in the settlement. For example, if the injured person is found to be 25% at fault, then their overall recovery is going to be reduced by 25%.
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Information to Bring to an Initial Consultation
When going to an initial consultation with a truck accident lawyer, a person should take with them any information regarding the accident. Important information can include:
- The accident report or incident report number from law enforcement
- Information about their auto and health insurance policies
- Information about the other driver, such as their name or insurance
- Medical bills, records, or doctor notes
Making this information available at the initial consultation allows an attorney to properly evaluate this case and get started right away.
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How an Experienced Lafayette Truck Accident Attorney Could Help
Victims of truck accidents in Lafayette sometimes choose to handle their cases alone, but they could benefit from allowing an attorney to handle settlement negotiations. Truck accident attorneys can help determine a fair value for a settlement because they know the law and the local courts. Attorneys look at what courts, judges, and juries have awarded similar plaintiffs in similar cases, and they can use this information to advise a victim about the fairness of any settlement offers.
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