Getting appropriate compensation when you have been injured in a car crash can be a challenging ordeal. The insurance company for the at-fault driver will use every excuse to reduce the amount they pay you. Working with a skilled lawyer familiar with their tactics is critical to obtaining the money you deserve.
The experienced auto collision attorneys at the Law Offices of David W. Holub have negotiated scores of favorable Merrillville car accident settlements over the years. Trust them to protect your rights and fight for you.
The Benefits of a Settlement
Most car accident claims in Merrillville settle before a trial, and some settle before an injured person files a lawsuit. Settlements benefit all parties because they are faster than litigation, are less expensive, allow the parties to control the amount of the payout, and provide certainty.
Insurance company representatives spend their careers negotiating settlements and often resort to tough tactics. For example, Indiana Code § 34-51-2-5 allows insurance companies to discount payouts when an injured person shares some blame for the crash. They could use this law to make an unacceptably low offer and insist they cannot go higher.
A seasoned attorney will anticipate this tactic and have evidence to counter it. If the insurance company does not engage in good faith negotiations, a lawyer could pursue remedies in court for its failure to act in good faith.
Damages Available in a Vehicle Crash Claim
The compensation an injured person seeks after an accident is called damages. An injured person can claim both economic damages and non-economic damages. A reliable personal injury attorney could help an injured person document their losses to support their claim for fair compensation.
Economic damages have a fixed value and are relatively easy to prove or estimate. They include expenses like medical care and lost time at work. When the injury causes a permanent disability, an estimate of future injury-related expenses is part of a person’s economic damages.
Non-economic damages pay for subjective losses. An individual injured in a car crash deserves compensation for the pain, emotional distress, and inconvenience the accident caused. When an injury causes permanent disability, scarring, or mental health consequences like post-traumatic stress disorder, these losses are also compensable as non-economic damages.
Insurance Coverage Can Limit Compensation
Insurance coverage is critical in determining how much compensation an injured person may receive in a settlement. Insurance companies will not pay more than their insured’s coverage limits, regardless of the damages the person can prove.
When the at-fault driver’s insurance is inadequate to cover the injured party’s damages, pursuing a lawsuit against the driver personally is possible, but rare. He or she is usually judgment-proof.
Other sources of insurance coverage may be available, depending on the circumstances. If the injured person has uninsured or underinsured motorist coverage, the coverage limit on it applies.
When other parties in Merrillville contributed to the car crash, such as other drivers and vehicle manufacturers, claims against them can access their insurance coverage limits and could ensure the settlement covers losses.
Talk to a Merrillville Attorney About Maximizing a Car Accident Settlement
Negotiating an acceptable settlement after a car crash requires knowledge and skill. Although you may believe you can manage your claim yourself, injured people who work with accident lawyers obtain more generous settlements.
Contact the attorneys at the Law Offices of David W. Holub when you suffer injuries in a collision. They could work diligently to uncover all possible sources of compensation to ensure you obtain a fair Merrillville car accident settlement.