Photo of an Injured Woman with Her lawyer

If you suffer severe injuries after a car accident in or near Encino, CA, what will you do? Who will pay your medical bills? Who will determine who is responsible and hold them accountable for your injuries?

There are many misconceptions about Settlements in accident injury claims. The fact of the matter is that Settlement is a voluntary process. In other words, the insurance company for the responsible party will voluntarily pay a Settlement only if they believe the case has merit in a court of law. That means the essential elements of a legal claim must be present and provable. If they refuse to offer what we determine to be a fair Settlement, the only remaining alternative is to proceed to trial, which is an Involuntary process. In other words, they will then have to pay the judgment, regardless of whether they like it or not. 

Although proving liability (fault, for legal compensation) is essential in securing compensation for your personal injury claim, the fight for full and fair monetary compensation does not end there. Often, that is the “easy” part, and the determining battle is fought on the other 2 barriers to full and fair compensation- causation and damages.  For example, let’s say a motorist is rear-ended while their vehicle is lawfully stopped. That is a “clear liability case”, and they’ll win on liability, however, if they are not able to prove that injuries that have monetary value, are the direct result of the negligence, the case may have minimal, if any, settlement value. With “normal” X-rays and no visible signs of injury, the insurance industry will often try to take advantage of such a claimant. 

At The Law Offices of Rosenstock and Azran, we have over 75 combined years of experience in personal injury settlement and lawsuits. Our skilled, tenacious car accident lawyers can determine, not only who’s to blame, yet how to prove legitimate, verifiable, and significant injuries, even in the face of  “normal” X-rays and no visible signs of injury. We know how to get you the best car accident settlement or verdict award. Read on to learn about our Encino personal injury attorney and how car accident claims work. Contact us for more information at (818) 805-0422. 

Encino Car Accident Settlement Process

Being in a car accident is upsetting. Not only do you need to have your injuries treated and repair your vehicle, but you also have to deal with insurance companies and adjusters. An experienced car accident lawyer can represent you in the process and get you the best car accident settlement. The basic steps to begin the car accident settlement process, which we routinely handle, yet may be treacherous for laypersons on their own, include the following:

Verify Your Insurance Limits

To begin your car accident claim you must call your auto insurance company to report the crash. You also may need to file the claim with the at-fault driver’s insurance company. Verify how much coverage the liable driver has. Many injured parties prefer to have an auto accident attorney speak to the other driver’s insurance company, as well as their own, because tape-recorded statements are usually requested, and a mistake, a misunderstanding, a misstatement, or a statement taken out of context can do irreparable harm to an otherwise good case. Bear in mind that even your own insurance company can end up your adversary. For example, in an uninsured motorist or an underinsured motorist claim, which we have extensive experience with, your insurance company, to who you have been paying premiums, will take the same position as though they are representing the adverse driver. They will need to see that you are able to prove a myriad of issues before making a reasonable settlement offer.

Investigate the Car Accident and Resulting Damages

You or your personal injury lawyer must thoroughly investigate the car accident to understand how it happened and who caused it. A personal injury lawyer is more experienced than most injury victims in accident investigations, particularly in severe accidents with incapacitating injuries. Evidence to aid your case includes the Traffic Collision (police) Report, traffic signal sequencing data and maintenance history, video and photographic evidence of the vehicles and scene, and eyewitness statements. If necessary and appropriate, we will hire experts to conduct accident reconstruction and biomechanical engineering analysis. 

Next, you need to evaluate your damages. You must present your medical records and bills, pay stubs, and auto repair bills to the other driver’s insurance company; or your insurance company in an uninsured motorist or an underinsured motorist claim. This information helps the adjuster value your claim accurately. California law allows you to recover the following damages in car accident lawsuits: 

  • Past and future medical costs, including medication, caregivers, and therapy
  • Past and future lost earnings
  • Lost earning capacity
  • Vehicle repairs or replacement
  • Past and future Pain and suffering
  • Assorted out-of-pocket costs
  • Past and future harm to the marriage relationship

Achieve Maximum Medical Improvement

The sooner you get medical treatment after the accident, the better. You will get the initial necessary treatments, but it could take weeks or months to reach maximum medical improvement (MMI). Once you have reached MMI, you or your car accident lawyer will know how much to demand from the insurance company.

Send the Demand Letter

You or your Encino personal injury attorney should write a demand letter to the insurance adjuster. Your attorney will ensure that you seek compensation for all of your losses. The letter may include: 

  • How the accident happened and who caused it. Evidence proving fault must be included, such as the police report and relevant photographs.
  • Details of the severity of your injuries, medical treatments that have been done, and treatments that may be needed later, and the projected future medical expenses.
  • The degree of pain and suffering you have endured. This number is somewhat subjective. There is no set formula for computing this vital metric, however, with our extensive experience in valuations, coupled with our skillful ability to convey the strengths, merits, and potential trial value of our clients’ claims, we achieve substantial results, and most likely more pain and suffering compensation than you can on your own. 
  • A comprehensive summary of how the injuries, treatment, pain and suffering have impacted your quality of life, in the context of ADL, hobbies, recreational activities, hobbies, etc…
  • The amount you will accept to settle the case. Your car accident lawyer can help you decide on a fair settlement figure.
  • Critical legal principles which leverage specific California legal principles to compel the insurance company to make their best offer of settlement. 

Negotiate a Settlement

After the insurance company investigates the car accident claim, it will respond to your demand letter. The insurance company may dispute fault or the severity of your injuries, or their being causally related to the subject accident. Focusing on any of myriad common defense strategies and mechanisms, such as “minor impact”, “minor injuries”, “soft tissue injuries”, “no objective findings”, degenerative conditions, pre-existing conditions, etc…, the insurance company may counter with a lower offer, hoping you’ll take less money. At the Law Offices of Rosenstock and Azran, we are well-versed in these, and other defenses, routinely raised by the insurance industry, and know how to analyze the evidence, including the medical records, to persuasively articulate relevant principles in medicine and the law to counter these types of defenses. Your car accident lawyer may need to gather more evidence to support your demands. You may have to file a car accident lawsuit if a car accident settlement cannot be reached. 

File a Car Accident Lawsuit

Your car accident attorney may file a personal injury lawsuit if the insurance company does not offer a reasonable settlement. You can still reach a car accident settlement for your case out of court, but if not, your attorney will take the case to a jury. 

Having a car accident attorney is essential at this stage. Your lawyer can advise whether settling or taking the case to court is better. Remember, if you don’t win at trial, you receive nothing. This is one reason many car accident cases end in a settlement. 

Average Car Accident Settlement In Encino

Now that you understand how Encino car accident settlements work, what can you expect at the end of your case? All car accident claims differ, so you could receive more or less than other accident victims in similar circumstances. The car accident settlement for your personal injury claim depends on accident severity, how severe your injuries are, how much insurance coverage is available, and more. 

Generally, the more serious the injuries, the higher the recovery. Some surveys report that the typical car accident settlement is $8,200.00. A typical recovery with injuries is more than $29,000. Other surveys find that about ⅓ of injury victims receive $5,000.00, or less. Minor car accidents often settle for approximately $3,000.00. However, remember that all Encino car accident claims are different.

If you were in a car, truck, bicycle, pedestrian, motorcycle, or bus accident, speak to an experienced car accident attorney at The Law Offices of Rosenstock and Azran today. We offer a free legal consultation and will tell you if you have a case and what it might be worth.  

Speak to an Encino Car Accident Attorney Now

If you’re looking for an excellent Encino personal injury attorney who always works in your best interest, reach out to The Law Offices of Rosenstock and Azran today. Our auto accident attorneys help car accident victims every day. We bring more than 75 years of legal experience to the table and are Google five-star rated with a 99.99% case success rate. 

We’ll fight for the best insurance car accident settlement and, if needed, make the best argument in front of a jury on your behalf. We handle car, truck, bicycle, pedestrian, motorcycle, and bus accidents, so contact an Encino personal injury attorney now at (818) 805-0422. Our car accident attorneys also help clients in Canoga Park, Van Nuys, North Hollywood, and Reseda

Category: Car Accidents