The Process of Receiving a Settlement Check in Fort Worth
Texas is an at-fault state for car accidents, slip and fall claims, and other personal injury cases based on negligence. You may be entitled to compensation for your injuries and damages, but you must prove that the other party caused your injuries. An experienced Fort Worth personal injury lawyer can help you recover a fair settlement amount for your personal injury case.
The process of receiving a settlement check in Fort Worth involves several steps common to most personal injury claims. While each case is unique, you can expect the following steps in the process of receiving a settlement check for your Fort Worth personal injury claim.
Initial Consultation With a Fort Worth Personal Injury Lawyer
Legal action might not be the first thing on your mind after an accident or personal injury. However, it is wise to seek prompt legal advice to learn about your options for seeking compensation for your injuries.
An attorney explains your rights and the deadlines for filing claims and lawsuits under the Texas statute of limitations for personal injury cases. The attorney also evaluates your case to determine if you have a claim. Consulting with an attorney helps you avoid making mistakes that court hurt your case.
Investigation and Gathering Evidence
When you hire a Fort Worth personal injury lawyer, your attorney investigates the cause of your injury and gathers evidence to support your claim. As the injured party, you must prove the elements of a negligence claim, which are:
- Legal duty of care
- Breach of duty
- Causation
- Damages
An attorney may work with experts to gather additional evidence proving your case. Building a solid case proving fault increases the chance of receiving a fair personal injury settlement.
Complete Medical Treatment
It is crucial that you complete medical treatment before you settle a personal injury claim. However, your attorney closely monitors the statute of limitations to ensure you do not miss the deadline to file a lawsuit.
When you complete medical treatment, your physician provides a statement detailing your recovery. Until you reach maximum medical improvement, you cannot know the full extent of your injuries and damages.
For example, you could be entitled to additional damages if you sustain an impairment or disabling condition. However, you won’t know this until you complete your medical treatment.
Calculate the Value of Damages
Texas personal injury laws provide several types of damages for personal injuries. Injured parties can receive economic and non-economic damages, including:
- The cost of past and future medical treatment
- Disabilities, impairments, scarring, and disfigurement
- Lost wages, decreased earning capacity, and benefits
- Diminished quality of life
- Emotional distress and mental anguish
- Out-of-pocket expenses
- Physical pain and suffering
- Loss of enjoyment of life
- Nursing and/or personal care
Your attorney calculates the value of damages based on the factors of your case to maximize its value. Personal injury lawyers may consult medical specialists, financial professionals, and other experts regarding future damages for permanent impairments.
Prepare and Submit a Settlement Demand Letter
A settlement demand letter outlines the facts of your case. Your attorney discusses the legal basis for a claim and the damages you sustained because of the other party’s negligence. The letter includes an offer to settle the claim.
Settlement Negotiations
The insurance company for the at-fault party reviews your settlement demand. It could take several weeks for the insurance company to respond. It has investigated to gather evidence to determine its insured’s liability for the claim.
The company could accept your settlement offer and pay the amount you demand. It could also outright deny the claim.
However, it is more likely that the company will issue a counteroffer for a lower settlement amount. You and your attorney discuss the lowest settlement amount you will accept. If the counteroffer is higher than that amount, you accept the counteroffer and proceed with the settlement.
The other option is to engage in back-and-forth settlement negotiations. Your lawyer and the insurance company may make several counteroffers as they attempt to agree upon a settlement amount.
Sign a Final Settlement Agreement and Receive a Check
If you agree to a settlement amount, your attorney prepares a final settlement agreement. Typically, the other party does not admit fault for causing your injury. Instead, they agree to pay you an amount to resolve a disputed claim.
The settlement agreement also waives your right to pursue any further legal claims. You release all known and unknown claims in exchange for the settlement amount.
The insurance company issues a settlement check to your attorney. Once the check clears, your attorney deducts their contingency fee and costs, pays outstanding medical liens, and issues a check to you for the net proceeds.
The process of receiving a settlement check may not be straightforward. Issues in your case could complicate matters. However, an experienced Fort Worth personal injury lawyer works through these issues to help you receive a fair settlement amount for your injuries and damages.
Contact a Car Accident Lawyer in Fort Worth at Parker Law Firm Injury Lawyers for Help Today
For more information, please contact an experienced car accident lawyer at Parker Law Firm Injury Lawyers to schedule a free initial consultation today. We have convenient locations in Bedford and Fort Worth, Texas.
Parker Law Firm Injury Lawyers – Bedford
2317 Plaza Pkwy #100,
Bedford, TX 76021
(817) 503-9200
Parker Law Firm Injury Lawyers – Fort Worth
209 N Hampton St,
Fort Worth, TX 76102
(817) 839-3143
