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What Happens in a Car Accident Settlement?

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What Happens in a Car Accident Settlement?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Car accidents can be incredibly disruptive to your life, and if you’ve experienced one you may be wondering whether you need to take legal action. Knowing what happens in a car accident settlement can help you make this decision.

Below you’ll learn more about the different types of claims after an accident and how they work.

Types of Claims

If you’ve been injured in a car accident, there are two types of claims: no-fault accident benefits and tort claims. While you’ll undergo a different set of steps for each type of claim, either of them may be settled at any point in the legal process.

No-Fault Benefits

If you were injured in an accident, no-fault benefits will be provided by your auto insurer regardless of who was at fault. These benefits pay for medical treatment, income loss, attendant care and caregiving expenses.

You will need to submit a claim form to your insurer, after which they will either accept or deny your claim. You may also need to submit additional forms if you get further medical treatment or spend money on other accident-related expenses.

Again, your insurer can always accept or deny your claim. Remember that if you settle your claim with your insurer, you will usually receive a one-time payment rather than continued benefits payments, so if they make an offer that seems unfair, it’s a good idea to seek legal help.

Tort Claims Benefits

If you were a passenger, pedestrian or driver who was not completely at fault for the accident, you are eligible to file a tort claim. This type of claim is against the at-fault driver’s insurer. If the driver who was at fault has no insurance or doesn’t have enough insurance, you can bring a tort claim with your own insurance company.

Tort claims typically compensate you for pain, suffering, additional medical care, rehabilitation, income loss, or other expenses you or your loved ones had to pay after your accident.

Most personal injury cases settle out of court, but you’ll still need to undergo the tort process, which first involves notifying the at-fault driver’s insurance company. Your lawyer may also recommend that you file your claim with the court or negotiate with your insurer prior to doing this.

Next, your lawyer will provide evidence including medical records and police reports to the at-fault driver’s insurer, showing that you were not at fault. This will be followed by an examination for discovery. During this process, the at-fault driver’s lawyer will question you about the accident, treatments, and how your injuries have affected your life.

At this point, the insurer may want to settle. If the settlement isn’t successful, it will be followed by mediation and then a pre-trial meeting with the judge, during which settlement will be discussed and may occur prior to your case going to court.

Typically, tort claims are settled when the insurer offers a lump sum settlement. If you accept it, your claim is closed. Your lawyer will provide you with advice on whether or not you should take the settlement or if you could potentially receive more by going to court.

Knowing When to Settle

Your lawyer is your most valuable source of advice on whether or not you should settle your car accident claim. Taking this advice is important because if you don’t accept the settlement offer and receive less than the offer during your trial, you may have to pay a portion of the defendant’s legal fees, which can be quite costly. It is of course always your decision whether or not to settle, but an experienced lawyer will have the expertise to offer you sound advice.

Now that you’ve learned about the possible outcomes of your accident claim, download our personal injury recovery kit or book a free consultation with an accident lawyer.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO BY HIMELFARB PROSZANSKI LLP

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

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