How to Collect Money After a Car Accident Lawsuit
You or a loved one has just been involved in an Atlanta car accident. A careless or reckless driver was not paying attention and hit your car. Your vehicle may be totaled, but more pressing are the injuries that you have now suffered. As you take inventory of yourself, you may notice that you have suffered cuts, lacerations, and/or bruising. You may feel pain in your back, neck, and/or head and wonder if you have suffered more serious injuries like spine and neck injuries or a traumatic brain injury. In the days and weeks ahead, you find that you are forced to cope with financial losses and intangible expenses such as lost wages, medical bills, and mental pain and suffering. You need financial compensation for your injuries and losses, so you file an Atlanta car accident lawsuit against the negligent driver.
How Can a Car Accident Lawsuit be Resolved?
A car accident lawsuit can be resolved in a number of ways. You can settle your “case” with the at-fault driver and/or his or her insurance company before a lawsuit is even filed. You can file a lawsuit and settle that lawsuit before it proceeds to trial. Or your lawsuit may be litigated in court before a judge or jury who will determine who is responsible for the accident and, if the other driver’s negligence is proven, how much compensation you are due.
How Do I Collect Compensation by Negotiating with the Other Driver?
You may choose to settle a dispute with another driver if the accident resulted only in minor property damage. If you choose to settle your dispute with the at-fault driver without involving the insurance companies, you can expect to receive prompt payment – perhaps even at the side of the road that very hour. If you do not receive payment at the scene of the accident, you should create a written agreement with the other driver (and have him or her sign it) indicating when and in what form and amount payment will be made to you. That way, if the driver fails to pay you according to your agreement, you are more easily able to bring a lawsuit against him or her and collect the amount previously agreed to.
How Do I Collect Insurance Compensation by Settling with the Insurance Company?
If another driver is at fault in causing your car accident injuries, in most cases that driver’s insurance company will be in contact with you shortly after the accident to discuss settling your case. Most insurance companies have computer programs that calculate what the company considers to be an “appropriate” settlement amount based on a number of facts and factors about your case. It may take several days or several weeks before you receive the insurance company’s settlement offer. If you choose to accept the offer, the insurance company will typically have you sign a contract stating that you are settling your “case” for the amount offered by the insurance company and will tender you a check within several days of your acceptance.
How Do I Collect Compensation After Settling My Case Before Trial?
You and the at-fault driver are free to settle your lawsuit at any time prior to a judgment being entered in your case by a judge or jury. (In some cases you may even be able to settle your case after a judgment has been entered, but this opportunity is rare.) If you and the other driver agree to settle, your attorneys will draw up a settlement agreement that will specifically state: (1) the amount the other driver will pay you to settle the case; (2) how this payment will be made, i.e., whether in one lump sum or periodically over several months; (3) when payment(s) will begin; and (4) in exchange, you are agreeing to dismiss your lawsuit and give up filing any future lawsuits against the other driver over your injuries. It is important that this settlement agreement accurately reflects your agreement and is signed by all parties because the agreement becomes a binding, enforceable contract in the event one party or the other does not honor his or her obligations. Otherwise, you will receive payment according to the terms and timelines outlined in the settlement agreement.
How an Atlanta Attorney Can Help in Collecting Money from Car Accidents
Typically, the quicker you resolve your legal dispute and receive payment the less compensation you actually receive. Not only this, but settling your case quickly and receiving compensation quickly usually requires you to give up more legal rights. Therefore, it is important to discuss your case with an experienced car crash lawyer before settling your case. At the Atlanta car accident law firm of Millar & Mixon Law Firm, LLC, we can help you collect on an agreed-upon settlement amount or a judgment that has not been paid. Contact us at (404) 620-4378 and let us help you today.
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For more information, the team at the Millar and Mixon Law Firm, LLC are here to help. With years of experience helping victims of car accidents get the compensation they deserve, the team of attorneys at Millar and Mixon can help you too. Call today!