Part of what an attorney is paid for is to give the clients
advice. In some cases, attorneys have the unenviable duty of advising their
clients that they're probably going to lose the case against them. Of course,
if it happens to be the attorney for a client that you're suing who gives this
advice, it's a good thing. This is how car
accident settlements start.
No Court
There are some cases when somebody is so grievously injured
in a car wreck and when it is so obviously the result of the other driver's
negligence that it's inevitable that a jury is going to give an award to the
plaintiff. When this is the case, the attorney for the defense may recommend to
their clients that they offer a settlement to the plaintiffs to avoid the costs
of going to court. This helps the defendant to avoid having to pay court costs
altogether and, it also has the effect of allowing the plaintiff to avoid
paying those costs, as well.
The car accident settlement will almost always be less than
the maximum award being sought. Your attorney will not accept a settlement
without consulting with you and, if the defendant's attorney is not offering
enough money to make it worth your while to accept the settlement, your
attorney will not encourage you to take it. If it seems like you would benefit
from taking the settlement, however, your attorney may well advise you to
accept it and to avoid the costs of going to court.
Car accident settlements can be negotiated. The defendant's
attorney may approach you with a given amount and your attorney may negotiate a
higher amount. This may go back and forth for a while until a suitable sum is
reached and you feel comfortable dropping the case.
Settlements can be offered at any time during the lead up to
the court case. In fact, settlements are sometimes offered right before the
court case is about to be heard. If you happen to be pressing a lawsuit against
somebody due to being injured in a car wreck, talk your attorney about the
likelihood of being offered a settlement. They can sometimes determine whether
or not it's likely to happen but, of course, it's ultimately up to the
defendant to offer the settlement and your attorney doesn't really have any
control over whether they choose to make the offer or not.
