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Factors Determining Reasonable Nature of Pre-lawsuit Settlement

Before a lawsuit gets initiated, the 2 disputing sides take part in negotiations. Certain factors can increase the chances for the 2 sides to reach an agreement during those negotiations. This article will examine the factors at play in a car accident settlement.

Factors that might be found in the drivers’ policies:

Did the policy held by the responsible driver have a low limit? If that were the case, then there would be no need to demand a huge sum, in order to cover the costs of a catastrophic injury.

Did the policy held by the responsible driver have a high limit? That might be able to encourage a quest for a larger settlement figure. Still, such a quest would be advisable only if the responsible driver had sufficient assets for satisfying a judgement.

Did some aspect of the accident keep the claimant from obtaining the desired coverage? For instance, had the claimant lent his or her keys to someone with a suspended license? A typical car insurance policy would deny coverage for an accident, if the driver had taken the wheel, despite the fact that he or she held a suspended license.

Factors that would relate to the situation, following the accident, and not to the insurance policy:

What was the nature and extent of the victim’s injuries? A Personal Injury Lawyer in Waterloo should be able to seek a larger compensation if the client/victim has suffered severe injuries. Still, that advantage could be offset by the victim’s possession of a pre-existing condition.

The amount of insurance available, as a resource for money that might be used as compensation. This issue has been addressed in the article about limits. If the responsible driver has a policy with low limits, the claimant’s lawyer cannot make a substantial demand.

The identity of the defendant: It could be hard to assemble a case against a municipality, or some wing of the government. It could be hard for one person to go up against a large trucking company.

The statute of limitations: A claimant would be unable to move forward with a case, if he or she had tried filing a claim after the deadline stated in the statute of limitations had passed. Still, an exception could be made, if the claim concerned an injury suffered by a child. In that case, the limitations could be placed on hold, until the child had reached the age of 18.

The identity of the witnesses. If the only witness had been a passenger in the car driven by the responsible driver, the court might question the veracity of that witness’ statement. That is why accident victims are encouraged to look for witnesses, or take pictures of the collision-caused damage.

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