It is key to hire a reputable car accident attorney to handle your case, and to file your car accident lawsuit if that is deemed the appropriate route. Your injury case has a statute of limitations, so call Florin|Roebig today to get started!
Eight elements that can play a part in determining how much you can expect from a settlement.
The amount you can actually sue for depends on a variety of elements. How much your insurance policy covers, the cost of your medical bills, the amount of time you were out of work: these are some of the many reasons why your settlement amount may vary.
1. Insurance
In 49 of the 50 states, car insurance is legally required. If you are injured in an auto accident, the value of your car accident claim will depend on the type of insurance policy, policy limits and liability coverage both you and the other driver have. For instance, you may have a less than ideal settlement offer if the at-fault driver is uninsured or they do not have adequate insurance coverage. If you do not have uninsured motorist coverage in your policy, your settlement may be negatively impacted.
Most likely, your insurance company and the other driver’s insurance company will send an adjuster to gauge the amount of damage to both vehicles and those who were involved in the car accident. They will then determine the total monetary value of the damage and report it to the insurer, who will then come up with a settlement amount. If you have liability insurance and you are the fault driver, you may have adequate enough coverage to have an impact on the settlement amount.
There are a few states, including Florida, that have a no-fault insurance system, where each insurance company handles the costs of their own customer. No-fault states try to help unclog the system by keeping small insurance claims out of court, and therefore do not take into consideration who was the at-fault driver.
2. Medical expenses
If you were injured in a car accident, you will have medical expenses that may last for up to the rest of your life. Expenses can accrue during every step of medical attention: from the cost of an emergency room visit to the price of an ambulance trip, the bills add up quickly. Not only do you have medical bills to deal with when you are injured in a car accident, you also have to take into consideration the amount of time off of work you may lose as well.
It is important for you to hire a personal injury attorney if you have a personal injury claim. Personal injury claims include everything from physical damage to emotional and mental damage as well. Bodily injury refers specifically to the damage obtained physically.
Insurance companies would rather try and offer a quick, small settlement before you can even understand the full extent of your injuries. If the insurance company does not offer a settlement amount that will cover your medical expenses, your personal injury lawyer will most likely file a personal injury lawsuit, where the outcome will depend on a jury. This is also known as tort liability, in which the person who is found to be at-fault has a legal duty to provide compensation.
3. Property damage
If you are involved in a motor vehicle accident and your car sustains damage or is considered to be “totaled”, you may be able to receive compensation. If you sustain vehicle damage of any kind, the person at fault should have a property damage policy that will pay towards repairing or replacing it. A car accident lawyer will be able to help you file a claim to make sure that you receive a fair settlement.
4. Were you the driver at fault?
One of the biggest ways your settlement amount can be affected is by proving if you were the driver at fault. If you can prove the other driver violated their duty of care by causing an accident, you may have a good case for a fair settlement amount.
On the other hand, if the other driver can prove that you were also at fault in the car accident, you can expect a lower settlement offer. For instance, if you were rear-ended by a car that was following you too closely, it can actually be partly your fault if you had a damaged tail light that did not adequately communicate that you were slowing down.
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5. Your ability to work
The chances of missing work when you are involved in a motor vehicle accident depend on the severity of the accident. If you have sustained personal injuries, you may miss out on work due to doctors appointments, recovery, surgery, rehabilitation, etc.
Suing for lost wages is a common legal process and is usually fairly easy to prove, unless you are self-employed. You can still sue for lost wages when you are self-employed, it just requires more work in order to prove lost wages.
There is also the chance that accident victims could be so severely injured they are unable to work again. Your personal injury lawyer will be able to work closely with both you and the insurance companies involved in order to reach a settlement offer that works best for you.
6. Miscellaneous, out-of-pocket expenses
Being in a car accident can be very expensive, even if you were not the cause of the accident. For instance, if your car is unable to operate, you may need to rent a car. The cost of renting a car adds up very quickly, with most car rental companies charging by the day. That does not include the price of gas, either.
If you are injured and you need help around your home while you recover, you may need to hire a cleaning service. Depending on how often they come, the expense of needing basic household help can drain your accounts.
You may need to hire someone to do your grocery shopping, laundry, everyday errands, etc. These expenses can be covered in your car accident settlement. Make sure you retain every receipt associated with any expense acquired due to the car accident.
7. Impact on your life
Car accidents can be damaging in more than just the physical sense. Personal injury, as stated before, can cover all pain and suffering – including mental and emotional damage. Depression, fear of driving, anxiety when driving and more can be included in damages.
Putting a monetary value on intangible things such as mental health can be difficult. A personal injury attorney will be able to work with you and your insurance company to figure out what it will take to make it right.
While it can be difficult or embarrassing to talk about, it is important to be very honest with your personal injury lawyer, so they can proceed with the best possible information in order to get you the best possible settlement that you deserve.
8. Are you willing to wait?
Both the legal and insurance processes can take a while to work. The behind-the-scenes work such as gathering evidence and proof, talking to witnesses, filing all the necessary and required paperwork, and negotiating claims can all take a long time. It can be frustrating to deal with, especially if you are injured and unable to work. Waiting for a settlement offer that you badly need while watching bills pile up can be almost unbearable.
However, the more patient you are, the better your chances are of receiving a settlement amount that you really need. If you do not immediately accept the first offer they give you, which is usually low and not what you actually need or require, your car accident lawyer will have a better chance of getting you a fair settlement amount.
It can be invaluable to have more time to gather receipts and to see the actual extent of the damage to both you and your car. Even though it is very hard to do, being patient can help you in the long run.
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The Florin|Roebig law firm wants to fight for you! If you or someone you care about has been involved in a car accident, you need a lawyer who cares about your car accident case! For a free consultation with a knowledgeable and reputable car accident lawyer who can answer all of your faqs, call Florin|Roebig today!
