Recovering from a car accident is not easy. You have to deal with your injuries, the pile of work waiting, and the pain that you sustained. It is much more difficult if you’re dealing with a lawsuit and you’re still waiting to get the compensation you deserve.
Did you know that most states require insurance companies to settle claims within a “reasonable” time frame, often ranging from 30 to 45 days? Though this varies by jurisdiction, having to wait for your claim while dealing with medical expenses can be overwhelming.
According to car accident lawyer Justin A. Day, the average compensation you can get depends on how serious your injuries are, but typically this number can be anywhere between $15,000 to much bigger payouts, such as $250,000.
Let’s take a look at the factors that can affect the payout you can get:
Factors Affecting Car Accident Injury Settlements
When it comes to car accident injury settlements, there are several factors that can greatly impact the final amount you receive. As mentioned, one of the main factors is the severity of your injuries. The more severe your injuries are, the higher the settlement amount is likely to be.
According to law firm Heimanson & Wolf, another factor to consider when calculating settlements is the extent of your medical expenses. If you have substantial medical bills, it can increase the value of your settlement. The impact of the accident on your daily life and ability to work will also be considered when determining the amount you’ll receive. If the accident has caused you to miss work or has resulted in long-term disability, it can increase the value of your settlement too.
Lastly, the skill and experience of your attorney can also play a role in negotiating a higher settlement. A competent lawyer can assess the value of your settlement by looking at your pain and suffering too.
Gathering Evidence to Support Your Claim
To strengthen your claim, make sure to gather all necessary evidence that supports your case and shows the impact of your injuries on your daily life. This evidence will help establish the severity of your injuries and the extent to which they’ve affected your ability to perform daily activities.
Collect medical records, including doctor’s notes, test results, and treatment plans. These documents provide a detailed account of your injuries and the medical care you’ve received. You need to also gather any photographs or videos that depict your injuries, the accident scene, and the damage to your vehicle.
Witness statements and accident reports can also be useful in supporting your claim. Remember, the more evidence you have, the stronger your case will be when negotiating a settlement.
Calculating Medical Expenses and Future Treatment Costs
Make sure you accurately calculate your medical expenses and future treatment costs to fully understand the financial impact of your injuries. When determining your medical expenses, it’s important to gather all relevant bills, receipts, and documentation to support your claim.
This includes hospital bills, doctor’s fees, medication costs, rehabilitation expenses, and any other related medical costs.
You should also consider future treatment costs that may arise as a result of your injuries, such as ongoing physical therapy or specialized treatment. Estimating these future expenses can be challenging, but it’s important to account for them in your settlement calculation.
Consulting with medical professionals and experts can help in determining the potential costs of your future treatment.
Determining Lost Wages and Loss of Earning Capacity
You can better understand the financial impact of your injuries by accurately calculating the amount of wages you’ve lost and evaluating the long-term effect on your earning capacity. When determining lost wages, consider the time you’ve missed from work due to your injuries, including any sick leave or vacation days used.
Calculate the total amount of wages you would’ve earned during that time period, including any bonuses or overtime pay.
If your injuries have resulted in a decreased ability to work or a loss of earning capacity, it’s important to factor in the potential future income you may have earned if not for the accident.
This can be a thorough calculation and may require the assistance of a financial expert to accurately assess the full extent of your losses.
Assessing Pain and Suffering Damages
When assessing pain and suffering damages in a car accident injury settlement, various factors come into play. These factors include the severity and duration of the physical pain, emotional distress, and any long-term effects on the victim’s quality of life.
Determining the exact monetary value for pain and suffering can be subjective, as it involves evaluating the individual’s unique circumstances.
Most states like California allow accident victims to seek compensation for their pain and suffering, which can include not only physical pain but also emotional distress, anxiety, depression, and loss of enjoyment of life.
Understanding Comparative Fault Laws
If the state you’re in follows the pure comparative negligence rule, it means that even if you’re partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault.
For example, if you’re found to be 20% at fault for the accident and your total damages are $100,000, your compensation will be reduced by 20% to $80,000. It’s important to note that insurance adjusters will often try to assign a higher percentage of fault to you in order to minimize their payout.
That’s why it’s important to gather evidence, such as witness statements and police reports, to support your claim and ensure a fair settlement.
Negotiating with Insurance Companies
When it comes to dealing with insurance companies, it’s essential to remember that they’re skilled negotiators who will try to pay out as little as possible for your claim. Therefore, it’s important to approach the negotiation process with caution and preparedness.
Your lawyer needs to clearly articulate your position and emphasize the impact of the accident on your life, including any physical and emotional suffering, medical expenses, and lost wages.
Remember to stay calm and if you have legal counsel, it’s best to leave the negotiations with them because they know how to navigate this area better than you do.
Seeking Legal Representation for Your Case
Hiring a skilled attorney who specializes in car accident injury cases can increase your chances of receiving the compensation you deserve. An experienced lawyer will have a deep understanding of the legal process and can gather evidence, negotiate with insurance adjusters, and advocate for your rights.
Having legal representation sends a strong message to the insurance company that you’re serious about pursuing a fair settlement. Remember, your attorney will be your advocate and fight for your best interests throughout the entire process.
Case Settlement vs. Going to Trial: Pros and Cons
Deciding whether to settle your case or go to trial means weighing the pros and cons of each option. Opting for a settlement means avoiding the uncertainty and stress of a trial. It allows you to resolve the case faster and receive compensation sooner.
On the other hand, going to trial gives you the opportunity to present your case to a judge and potentially receive a larger settlement or verdict. However, it also involves a longer process, higher costs, and the risk of receiving less compensation or even losing the case.
Consulting with a skilled attorney can help you make an informed decision based on the specifics of your case.
Conclusion
When it comes to car accident injury settlements, there are various factors that can affect the amount you may receive. Seeking legal representation can greatly improve your chances of a fair settlement.
Make sure to conduct research and vet your chosen lawyer carefully, because he or she will be your partner throughout this journey.
Lynn Martelli is an editor at Readability. She received her MFA in Creative Writing from Antioch University and has worked as an editor for over 10 years. Lynn has edited a wide variety of books, including fiction, non-fiction, memoirs, and more. In her free time, Lynn enjoys reading, writing, and spending time with her family and friends.
