By: The Scott Pryor Law Group February 21, 2023

Settling a Gwinnett County Truck Accident Case

Why Settle a Truck Crash Case?

Following a truck collision in Gwinnett County, an injured driver and their attorney will decide whether to settle or go to trial, depending on the advantages and disadvantages of both options. If the at-fault truck driver is willing to settle the case for an appropriate amount, an attorney might advise the injured claimant to settle. Alternatively, if the settlement offer is too low or if the injured driver wants to go to trial for punitive damages, their attorney might support the decision to proceed to trial.

When considering a settlement, injured drivers should remember that once the settlement is finalized, they cannot make any changes or additional requests, even if their medical or financial needs change over time as a result of the accident. A skilled attorney could benefit someone interested in settling a truck accident claim by bringing their practical knowledge and negotiating skills to the case.

Settlement Process in Gwinnett County

Sometimes a settlement can be reached before filing a truck accident lawsuit in Peachtree Corners. If the at-fault party and the injured driver can come to an agreement, the injured driver’s attorney may send a demand package, including all of the damages to pay. The parties can then negotiate further and finalize the settlement.

Settlement values are calculated by quantifying all damages in the case, such as medical bills, lost wages, pain and suffering, and future damages. However, if the injured driver was found to be partially at fault for their injuries, the settlement amount will likely be reduced by whatever percentage of the accident they are responsible for. An attorney could help determine the value of a settlement by analyzing the various damages, facts of the case, and the total worth of the claim compared to how a jury might value those same elements.

Drivers whose cases are more straightforward may receive their settlement in a matter of weeks, but cases involving minors or complex settlements may need court approval, which can increase the amount of time that it will take for the injured driver to receive their settlement. The settlement process can be expedited by negotiating time constraints and including those deadlines in the settlement agreement itself.

Potential Challenges in Settling a Truck Wreck Case

While negotiating a settlement after a truck collision in Gwinnett County, claimants must ensure that they receive appropriate compensation for their losses. An at-fault driver’s insurance company will likely undersell the value of the case during the negotiating process.

Injured drivers might also encounter insurance policy limits on a case that restrict coverage. In these cases, they must obtain the proper release to prevent losing further recovery.

PIP Coverage

In the state of Georgia, personal injury protection is known as medical payments coverage, Med-pay, or PIP. This coverage is a line item in a driver’s insurance policy requiring they pay an additional fee to have coverage for medical payments that result from an accident. Recent trends indicate that some insurance companies have been refusing to pay their drivers’ medical payments coverage. A skilled attorney could help injured drivers pursue all possible sources of compensation, including their medical payments coverage.

A Gwinnett County Lawyer Could Help Settle a Truck Accident Case

An inexperienced attorney may encourage a claimant to settle for an amount beneath the true value of the claim. By working with a well-practiced lawyer, you could be confident when settling a Gwinnett County truck accident case. Schedule your first consultation now to get started.