Experienced accident attorney guides victims on when their case should be settled.

If you are a resident in Kentucky and have been in an accident you may be wondering when you will be able to settle your case. It sounds like an easy question but in reality is fairly complex. You have to have recovered or reached maximum medical improvement or finished your treatment before all medical and employment records are ordered. This is a step your attorney’s office will do. Once the records are received a settlement brochure is prepared and then sent to the at-fault insurance company. If you can reach an agreement as to what your injuries are and what your pain and suffering from those injuries is worth you can settle the case.

Almost all insurance companies now use a computer program to determine the value of your personal injury claim (including your pain and suffering). The purpose of these programs is to legitimize the lower offers that the insurance company wants to make. There are over 10,000 items that can be entered into these programs in a single personal injury case. It is important that your attorney understands how these programs work. By pulling out information from your medical record that will be considered by the programs and providing these items to the insurance company your attorney can make sure that all items are considered and consequently you receive a better offer. This is one of the reasons it is so important for you, the accident victim to complete all medical treatments ordered.

Unfortunately, trying to negotiate a reasonable settlement with the insurance company can be a waste of time, frustrating and futile if your attorney is not familiar with the claims settlement process. More and more insurance companies are taking a very aggressive stance towards settling accident claims. This is happening with greater frequency. Certain insurance carriers have a reputation for making unreasonably low settlement offers, even if the injuries are severe. Many insurance companies are using computer programs to validate these offers. This takes the settlement power away from the claims adjuster and systematizes it. In most cases a fair settlement can still be negotiated. If this cannot be accomplished your option is to litigate your case by filing a lawsuit. Don’t let this process wear you down. It is the goal of some insurance companies to wear the victim down so much that out of frustration they will settle their case for a smaller amount, saving the insurance company money.

Once there is an offer a decision is made as to whether to accept the offer. This is your decision which will be made by consulting with your attorney. If a settlement is accepted the case is over. It needs to be noted that if the case is settled it cannot be reopened at a later date. If a settlement is not reached a lawsuit is filed and you will go to Court for a determination as to how much you should receive. Going to court is a daunting concept but your attorney will assist you and do most of the work. Don’t let the potential of going to court cause you to settle for something less than what is fair.

Mike Schafer, auto accident attorney
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