Settling a Tennessee Car Accident Case

Following a Tennessee car accident that results in injuries, an attorney representing the injured person will often see whether a pre-trial settlement would benefit their client.

To determine whether it is best to settle your Tennessee car accident case before trial, it is important to consult with a knowledgeable attorney as soon as possible. An experienced Tennessee car accident lawyer can gather the elements of your claim to help produce a successful recovery on your behalf.

Initial Steps

When determining whether they should settle a Tennessee car accident case before trial, the attorney will review the client’s case and obtain all medical records and bills. They will then tally up economic damages such as lost wages.

The attorney will contact the auto insurance company to see if they can negotiate a favorable pre-trial settlement before any suit is filed. If a pre-trial settlement is not possible, the attorney and client can file a lawsuit against the person that caused the car accident.

Oftentimes when a lawsuit is pending, there comes a second opportunity to settle. The insurance company at that time will hire a lawyer, and that lawyer may contact the victim’s attorney to review the case.

If the two parties can't settle at this point, the suit will proceed. The personal injury lawyer will take expert deposition from doctors, economists, and other professionals to use as evidence in the case.

Oftentimes, there is one last opportunity to resolve the case through mediation before the case is seen before the court. An attorney can determine if there is any possibility of a pre-trial settlement in their client’s Tennessee car accident case.

Settling vs. Trial

The client has the sole discretion on whether to settle in their Tennessee car accident case. A skilled attorney will educate the client about their options, and will offer advice on whether a settlement offer is fair, but settling is always the client’s decision.

Before accepting a settlement offer in a Tennessee car accident case, the attorney and client will examine whether the money offered by the insurance company is enough to cover medical expenses, lost wages, and other economic damages, as well as non-economic damages such as pain and suffering.

Settlement Process

Once a settlement offer has been agreed upon in an individual’s Tennessee car accident case, representatives for the defendant will send a check accompanied by a settlement release. The settlement release includes the terms of the settlement, and the attorney will review the terms with the client to ensure that they are favorable.

The attorney will also provide documents showing how much compensation the client will receive from the case after the attorneys’ fees are deducted. By deducting fees from the settlement, the client does not have to pay out of pocket for legal representation.

Once everything has been agreed to and the client signs the settlement release in their Tennessee car accident case, they can receive their check.

Benefit of an Attorney

It is important for a person who has been injured in a car accident to seek counsel from an attorney with extensive knowledge and experience. It is very difficult for an attorney to know what the value of a person's case is unless they have handled many cases in the past.

A skilled attorney will have experience proving fault in accident cases, and will have established a reputation with insurers throughout Tennessee. Having a reputation as a litigator is an important part of the equation, because insurance companies will be more likely to offer a favorable settlement if they know the plaintiff’s attorney has a history of success.