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Colorado Injury Firm

Process of Settling a Truck Accident Case in Lakewood

When two parties enter into a settlement, or would like to enter into a settlement, there are various steps taken to ensure that both parties are comfortable with the outcome of the case. However, victims of truck accidents must remember that the defense is only looking to pay as little as possible. As a result, the guidance of a skilled attorney is crucial in the process of settling a truck accident case in Lakewood.

Length of Time it Takes to Receive a Settlement?

The length of time it takes to receive settlement varies with the complexity of the case and the dispute surrounding the case. For example, there could be some considerable amount of time debating the amount of damages owed to the victim. More specifically, the medical bills themselves. One of the more common strategies utilized by the defense is to argue the validity of certain medical costs incurred by the victim how it reasonably makes sense that the victim is seeking a certain amount to cover treatment. Some parties will question that the amount asked for is far greater than what the victim needs in order to heal from their injuries. This is where an experienced attorney would step in and advocate on behalf of the victim.

Another factor influencing the period in which the case gets settled is the length of treatment on behalf of the injured party. A truck accident lawyer will try not to settle a personal injury case prior to the moment that the injured party is declared competent by a medical provider to be at maximum medical improvement. Maximum medical improvement is a legal term, which essentially means that the doctor has done everything they can medically for the injured party and can do no further medical treatment which would help cure and relieve the claimant from their injuries. At that point, and only that point might, an attempt to settle the claim be undertaken.

How to Expedite the Settlement Process

If a settlement has already been reached, an experienced attorney can work with the plaintiff to get the necessary signatures in an expedited manner, such that those required signatures are forwarded quickly to the insurance company and the insurance company is made aware that the documents have been received.  If, on the other hand, the claimant has not completed their medical treatment, then to some extent the claim takes on a life of its own. An attorney would never advise a claimant to expedite their medical treatment or cease their medical treatment due to the fact that if a premature settlement is reached, then the claimant may be left with unpaid medical expenses.

Consequently, an injured party claimant should seek out an experienced attorney to help them know when the appropriate time is reached, to pursue settlement. Another way to expedite the settlement is to have all of the medical records and other information ready for the time when the claimant is at maximum medical improvement so that those medical records can be quickly expedited to the claims adjuster and negotiations can begin immediately.

Inexperienced attorneys may wait until the end of a case or to when a claimant has completed all their medical treatment and then begin to order medical records. Whereas, an experienced attorney will have all the medical records assembled at/or near the time the claimant has completed their medical treatment so that the settlement process can begin immediately and an expeditious settlement can be obtained.

What Other Options are Available for a Truck Accident Settlement in Lakewood?

An alternative way of handling a claim would be for the parties to enter a mediation or arbitration on the claim. Mediation requires both respective parties to sit down in front of a neutral judge who acts as a mediator or arbitrator on the claim. They present their information and evidence to that judge, and they negotiate a settlement with the assistance of a mediator or arbitrator.

The third typical way that a claim gets resolved is if the parties cannot agree to a settle, then a jury trial is scheduled where the attorney, on behalf of the injured party, selects a jury who the attorney believes will hear the presentation of the injured party’s case in an unbiased manner. That case is presented to that jury, and the jury arrives at a verdict based on the evidence that’s presented at that trial. That verdict, obviously, can be in favor of the injured party or against the injured party.

To learn more about the process of settling a truck accident case in Lakewood, be sure to schedule a consultation today.

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