Realistic Expectations For Payment
Just because a car accident victim has the legal right to receive monetary damages from a party with legal liability does mean that the victim can realistically expect to collect the full amount of those damages.
These factors can influence whether the victim obtains full payment:
Experienced car accident injury lawyers will often investigate a crash to identify every party that may have a legal liability to their client. Victims represented by skilled lawyers often learn, to their surprise, that more parties may have a liability to them than they imagined. Those parties can include not just another motorist, but also corporations and even government agencies with larger insurance policies.
Always talk to your car accident lawyer about your personal priorities for settling a case so that your lawyer can develop a legal strategy that suits your needs and goals.
Minor Car Accident Settlement Amounts: What To Expect
Many car accidents are catastrophic collisions cause serious injuries and take lives every day in the United States. But not every crash is so destructive. Many result in minor injuries and vehicle damage rather than years of pain, decreased quality of life, or families left grieving.
But even minor car accidents can create major challenges and cause significant losses for those involved. If you were in a minor crash, your vehicle may be out of commission for a while and need costly repairs. Your injuries may still lead to expensive medical treatment, and you may lose days or weeks of work and pay. If these burdens were someone elses fault, you shouldnt be the one to bear them.
That is why many minor car accidents lead to car accident lawsuits. And the overwhelming majority of car accident claims and lawsuits end in negotiated settlements between the injury victims and the negligent drivers auto insurance companies. So, what car accident settlement amount can you expect after a minor crash?
Types of Damages Recoverable in a Car Accident Lawsuit Settlement
A car accident settlement arising from either a catastrophic or minor accident usually reflects the kind of damages that a successful plaintiff could recover at trial. In a Maine car accident lawsuit, victims can recover compensation for two broad categories of losses: economic losses and non-economic losses.
- Medical bills.
- Prescription drug costs.
- Physical therapy costs.
Factor : What You Negotiate For
It is often necessary to negotiate with insurance companies for an appropriate settlement. This is easier to do if you have representation from a qualified Tampa car accident lawyer.
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First You Have To Be Able To Prove Fault
Your medical insurance may cover some of your medical expenses, no matter whose fault the accident was. However, you could still have extensive bills remaining that you should seek compensation for. Securing a settlement relies on proving that the other driver was at fault for the accident. In legal terms, this means you have to prove the other drivers negligence is to blame for the accident and your consequent injuries and expenses.
To prove negligence, you must prove that:
- The at-fault party had a duty of care to operate their vehicle in a safe and lawful way.
- The at-fault party breached this duty of care by speeding, driving under the influence of alcohol, driving recklessly, or breaking other laws of the road.
- The breach caused the accident and your injuries, which left you with medical expenses, property damage, or lost wages.
Proving fault can get tricky, especially if it can be argued that you were partly responsible for the accident. For example, you may have been hit when the driver moved into your lane but you were distracted and didnt brake in time to get out of their way.
How Much Medical Care Do You Need
If you going to visit the hospital before you fully recover? How much medication do you need? This is one other variable that is highly considered before payment is made. Having a medical practitioner or doctor speak on your behalf will be an added advantage and will save you the trouble of having to explain medical terminologies to the jury or insurance company.
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What Are The Criticisms Of The Multiplier Method
Generally, there are two reasons people criticize the multiplier method. One criticism is focused on the argument of arbitrary multipliers, meaning that due to the fact that different attorneys use different multipliers, the results are often inconsistent. For example, one attorney may triple the special damages, while another might apply a multiplier of six, opening up a wide gap of variance between the two estimated sums.Additionally, the multiplier method can produce misleading results. For example, a drummer who injures their wrists in a car accident might have lower medical bills than an administrative assistant with a wrist injury that requires expensive surgery. However, the administrative assistant would likely be able to return to work after recovering from the surgery, while the drummer may suffer from severe emotional and psychological distress because they can no longer make a living playing music.
Every Insurance Claim And Lawsuit Is A Story
If Callaway & Wolf represents you in your car accident case, you can expect a fair and reasonable settlement given the facts and California law. That depends on many issues, especially your injuries, their impact on your life, and the strength of the evidence supporting your case. But thats only the beginning.
There are many ingredients in the recipe for a favorable car accident settlement. Here are some of them.
California is a pure comparative negligence state, so your recovery is based on the degree of the other partys fault. We first need to prove the defendant was negligent in causing the accident. If we do, the next step is assessing if both parties and if so, how is that split?
To prove negligence, you must show:
- The other party owed you a legal duty
- That duty was breached
- That breach caused the accident and your injuries
- You suffered damages
- California law requires the defendant to compensate you for your damages
Theres no or very little settlement value if the insurance company believes their policyholder is not at fault or bears little responsibility. To reduce the chances of that, we:
- Investigate our clients claims
- Put together evidence that shows the defendant was negligent and caused the accident
- Show the defendant is mostly at fault
- Medical bills and expenses
- Property damage
- Lost wages and work benefits
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Contact A Macon Georgia Car Accident Attorney
The attorneys at Westmoreland, Patterson, Moseley & Hinson are prepared to fight for the compensation you need to cover your medical expenses, lost wages and pain and suffering. We will evaluate your case to determine whether or not its wise to settle with the insurance company or go to court.
Our compassionate attorneys will work with you to ensure you receive all the medical evaluations you need to allow us to thoroughly document your injuries and bring in the right professionals to offer their expert opinions. We will do all the legal legwork so that you can focus your energy and attention where its needed most: the healing process.
Get The Settlement You Deserve
In some cases, the at-fault party or their insurance representative may offer an out-of-court settlement soon after the accident. Such an offer may be tempting because you may be injured, traumatized, and have serious bills to deal with. However, they are likely to offer a low settlement in the hope that you will accept it and thereby lose the right to seek additional recovery in court. If an offer arrives, always discuss the proposed settlement with a qualified attorney before accepting it.
Car accidents can result in severe or fatal injuries. If you or someone you love was harmed in a car accident, contact an experienced attorney as soon as possible for more information or to schedule a free consultation.
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How Long Does It Take To Resolve Personal Injury Claims
Half of our readers resolved their personal injury claims within two months to a year, while 30% of readers waited over a year for their cases to be resolved. The overall average was 11.4 months. It’s natural to want a quick payout, but a faster resolution doesn’t necessarily mean a better result.
For one thing, it took longer to resolve claims that had a successful outcomea settlement or court awardthan those that didn’t. Also, many of the factors that increased the likelihood of successful outcomes and higher payouts also increased the average time needed to resolve claims, including hiring an attorney, filing or threatening a lawsuit, and negotiating with the insurance company.
When Is It Worth Filing A Personal Injury Claim
Before you decide to file a car accident claim for minor and soft tissue injuries, consider how serious the accident was and your related injuries. Is it worth the time and effort to make the claim? Dealing with auto insurance companies is a time-consuming process, especially if fault is in question. When fault is not clear cut, the other insurance company will try to pay as little as possible or will even deny the claim. If you decide to file the claim but do not have a satisfactory outcome, it may be necessary to file a personal injury lawsuit.
So, before you make the claim or file suit, consider if the injuries are worth the trouble. If you have a sprained ankle that recovers in a few days or a week, it may not be worth the hassle. On the other hand, if your soft tissue injury is whiplash and it prevents you from working for a month, you have a legitimate claim with considerable expenses. Filing a claim in that case probably makes sense.
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The 7 Secrets To Getting A Fair Settlement For Your Injuries
$210k Settlement For Shoulder Injury
My client was a 57-year-old truck driver. While driving a big rig, another tractor trailer crashed into the rear of his truck. A highway patrol officer arrived at the scene. My client told him that he was not injured.
At the scene, my client took a photo of the damage under his truck. Check it out:
This photo was important because it shows that metal was bent underneath his truck. In other words, this picture shows that this was a hard impact. Thus, the hit was forceful enough to cause an injury.
My client was diagnosed with a shoulder tear. A few months after the collision, he had shoulder surgery. He contacted me for a free consultation to see if I could represent him.
Let Me Fight to Get You a Fair Settlement
At that time, he had not received an settlement offer from the other truck drivers insurance company. We met at my office and he hired me on the spot.
Travelers Insurance provided liability insurance coverage for the other drivers truck.
Progressive was my clients uninsured motorist insurer.
In total, Progressive and Travelers paid me $210,000 to settle the case. This is about 14 times greater than the average settlement for a car accident.
Most of the settlement was for my clients pain and suffering.
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$100k Settlement For Passenger Who Had Thumb Surgery
The Property & Casualty Insurance company of Hartford paid $100,000 to a passenger in a one car collision. The driver of the car pressed the accelerator instead of the brake.
How Long Do I Have To File A Personal Injury Claim In Georgia
In Georgia, you will have two years from the date of the accident to file a civil lawsuit for a personal injury claim. In fatal car accidents, you will also have two years to file a wrongful death claim. You should reach out to an attorney as soon as possible after your wreck because the courts will most likely refuse to hear your case once this window closes.
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Attorneys Committed To Protecting Your Legal Rights To Financial Compensation Following An Illinois Auto Accident
Following your automobile accident, you must quickly look to find competent counsel to safeguard your recovery for many reasons. First, the statute of limitations will bar your action if you do not bring it within two years. Second, evidence and witnesses will fade before your eyes if you do not quickly investigate and record them. Third, the opposing party will solidify its position before you can find any cracks in the case.
For all these reasons and more, you should seek experienced counsel in this field, and probably a lawyer who focuses exclusively on building a car accident claim. That person should demonstrate a track record of success in maximizing recoveries of prior victims just like you.
Factor #: Proving Liability
Proving liability is the foundation for a successful car accident settlement. While your medical benefits insurance will cover some of your expenses, regardless of fault, your attorneys ability to negotiate a settlement on your behalf through a third-party insurance claim, or to successfully litigate your case so that you obtain a favorable verdict, lies in showing that the other driver caused the accident that resulted in your injuries. While there are other types of acts that give rise to the potential of liabilityincluding willful actsin personal injury claims, most cases involve negligence. Negligence is proven by establishing the following elements:
- The at-fault party owed you the duty of care in operating his or her motor vehicle in a safe and lawful manner.
- The at-fault party breached this duty of care. For example, perhaps the driver was distracted at the time the accident occurred or was driving while drowsy.
- This breach resulted in the accident that caused you to incur damages, such as medical expenses and missed work.
One factor that may decrease the amount of your settlement is if the other driver can show that you were also at fault for the accident. One example of this might be if the other driver rear-ended your car because he or she was following too closely, but you were driving with a defective tail light, which caused the other driver to be unaware that you had slowed down until it was too late for him or her to avoid the accident.
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Understand Your Insurance Policy
Lets start with the basics.
Every driver needs car insurance. Since insurance is one of the biggest factors in the amount paid out in a settlement, we need to review some car insurance information.
Most insurance companies provide two types of vehicle insurance:
- Bodily Injury Liability
- Property Damage Liability
What Is The Average Bodily Injury Settlement
The settlement value for personal injuries depends on many factors, such as medical bills, property damage, and lost wages. Some cases may settle for less than others, but most personal injury cases settle for a fair amount.
The average car accident settlement amount is between $3,000 and $75,000. To predict what you can expect, it is important to use an injury settlement calculator. These numbers can be difficult to predict without professional assistance, and they largely depend on your case.
Most settlements fall between the high-end and low-end average payouts. While some cases attract a higher payout, they are rare and may be subject to punitive or special damages. An experienced attorney can help you understand your personal injury case and how it will affect settlements.
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Questions Answered In This Legal Guide
- When are most Georgia car accident cases settled?
- What factors go into setting the value of a Georgia car accident case?
- Will the at-fault drivers insurance limit the amount that can be recovered in a lawsuit?
- Does the damage to your car affect the insurance companys offer for your injuries?
- When should you seek medical attention after an accident?
- What sort of things can an experts report or testimony cover?
- Why is it important to seek medical treatment for injuries that continue to cause pain?
- Can I recover for past and future pain and suffering in Georgia?
- Do my medical bills determine how much my settlement is worth?
- Can a previous injury affect my current car accident claim?
- What evidence do I need to help prove my car accident case?
- How do insurance companies measure damages in car accident cases?
What Kind Of Settlement Can I Expect
Insurance companies have formulas they rely on to determine car accident settlements. Typically, a multiplier based on medical expenses is used to calculate non-economic damages . This amount is added to the quantifiable costs like medical expenses and lost wages. The multiplier can range from 1.5 to 5, with the severity of injuries influencing the number used. A multiplier of 5 is usually applied for permanent, life-altering injuries most awards use a 2 or 3 multiplier.
Example: You break your right leg in a car accident and need minor surgery to repair the damage. The medical bills total $30,000. Follow-up rehab costs another $5,000, and you lose $15,000 in pay since you are unable to work for a while. In the end, you are able to recover fully. A multiplier of 2 is negotiated by the insurance company and your attorney.Your economic damages are $50,000, your pain and suffering would be valued at $100,000 , and the total settlement would be $150,000.
At one time, insurance company adjusters would meet to discuss which multiplier to use and finalize claim amounts based on past settlements, jury verdicts, and other historical information they might have had access to. Nowadays, computer software programs apply formulas to do settlement calculations. Colossus was among the first such products on the market, and its estimated that half of all claims in the U.S. are handled by this program.
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