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If you’ve recently been in a car accident, you likely already know how complicated and complex the settlement negotiation process can be. But with the right Phoenix car accident lawyer by your side, you can feel more confident each step of the way.
Car accident settlements always start with an investigation, followed by negotiations between insurance companies. If both parties cannot agree on a settlement, chances are you’re headed to mediation. And if the car accident settlement is stuck in mediation? Your next best step is probably arbitration or trial.
The first step in any car accident settlement negotiation is always trying to figure out what happened. That means hearing both sides of the story, collecting all evidence you can to back up your claim, and understanding who may be liable for the crash.
Here are just a few pieces of evidence you and your attorney will want to collect:
When you’re dealing with expensive medical bills or car repair costs in an accident settlement, every receipt and document helps. The goal is to build out a detailed story of what happened, leaving little room to doubt who’s at fault and owes compensation. The more evidence you can collect, the stronger your case will be.
| Step | Stage of the Process | What Happens | Estimated Duration |
|---|---|---|---|
| 1 | Investigation | Collect police reports, medical records, photos, and witness statements to determine fault. | 1–4 weeks |
| 2 | Negotiation | Insurance companies exchange settlement offers and review damages and evidence. | Several weeks to months |
| 3 | Mediation | A neutral mediator helps both parties reach an agreement without going to court. | 1 day to several sessions |
| 4 | Litigation (if needed) | A lawsuit is filed; the case may go to trial if no settlement is reached. | Several months to over a year |
| 5 | Settlement Payment | Agreement signed, liens resolved, and compensation distributed to the client. | Within 2–4 weeks after settlement |
Once all your evidence is collected, insurance companies will start to negotiate. Chances are, if the other driver is at fault, their insurance will try to settle quickly, and that initial offer is far less than you deserve. This is a common tactic for insurance companies, hoping you’ll take the bait and save the insurer some money.
In this stage, it’s important not to rush. Patience and persistence are key. Take time to fully review the offer with your attorney, compare it to what you should be paid. Account for your medical bills, car repair estimates, lost wages, and more.
Your attorney should be your biggest advocate, and shouldn’t be afraid to push back on the offer until you get the justice (and compensation) you’re owed.
Sometimes, even after weeks of trying to settle, both parties can’t compromise. When that happens, your attorney will likely suggest mediation, and in rare cases, litigation.
Mediation is often less stressful than taking someone to court, and most of the time, it’s successful. In mediation, a neutral third party will hear out both sides individually, guide them through discussion and try to find a solution that works for everyone.
If a lawsuit is filed, your attorney can present evidence, call witnesses, and argue on your behalf in front of a judge or jury if needed. Making it to the courtroom is still quite rare, though.
The final step is the most fulfilling one: getting paid for the pain you endured. Once your attorney reaches a settlement agreement with the other party, you’ll both sign forms to show the case has been resolved. You should receive any compensation you’re owed within a few weeks.
Our expert attorneys at Gage Mathers are here to help every step of the way. From opening an investigation to signing that final settlement agreement, we handle every detail with care, making sure your rights are protected from the start.
With a 99.99% success rate and decades of experience serving Arizonans, you can trust that our team will advocate for you to get the best possible outcome. When choosing your legal team, you shouldn’t settle for anything less than that!
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