Law Office of James M. Hoffmann Articles How To Get a Fair Auto Accident Settlement

How To Get a Fair Auto Accident Settlement

By James M. Hoffmann  Jun. 28, 2013 1:14p

Motorcycle safety

When other drivers of larger vehicles are reckless or careless around motorcycles, the likelihood that it could cause an accident that could cause great harm to the motorcyclist is greatly increased. Motorcyclists can protect themselves by staying as safe as possible - always wearing a helmet, never riding while intoxicated, wearing protective clothing, avoiding tailgating, never speeding, and being extra cautious on slippery surfaces or gravel - are safety habits that every motorcyclist should observe, but cannot prevent every accident.

Motorcyclists deserve to have their rights protected. When another driver causes an accident by driving recklessly around a motorcycle, crowding, tailgating, or ignoring the cycle, that driver must be held accountable for his or her negligence.

Settling a motorcycle accident lawsuit

The majority of all motorcycle accident lawsuits can be settled out of court. If a settlement can be negotiated, the plaintiff agrees not to pursue further legal action in court and the defendant agrees to pay the plaintiff the agreed upon amount.

If you have been injured in a motorcycle accident, it is imperative that you contact a motorcycle accident attorney. Attempting to negotiate a settlement on your own without the aid of an attorney can allow the defendant and their insurance company to take advantage of your inexperience with these situations.

If an accident has impacted your life and your family, you should understand a little more about what goes into negotiating a fair settlement in a motorcycle accident lawsuit.

First of all, consider the circumstances of the accident and discuss with your attorney the chances you would have if the case were taken to trial. In some cases the cost of taking a case to trial exceeds the damage amount that could be recovered. In a situation like this settling out of court would be the most beneficial option.

Discuss with your attorney and decide on a minimum amount that you would be willing to accept in a settlement. But if your chances of winning are very good, you could recover far more money in trial than you would get in a settlement.

Also, consider the defendant's insurance coverage and their financial assets.

Another factor you need to decide on is whether or not you will agree to accept partial or monthly payments, or if your settlement needs to be a lump sum. Choosing to accept partial or monthly payments can be risky if the financial future of the defendant is not stable.

If you are unable to reach an agreement, the case will then proceed to trial. An experienced auto accident attorney can help you get the best outcome no matter which option is the better choice.

If you have been injured in a Missouri auto accident, contact James M. Hoffmann at(314) 361-4300

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