Will I Get Settlement From Car Accident?

Insurance providers consider a number of elements when determining the value of a car accident settlement, including the severity of injuries, liability, insurance coverage, state laws, and financial loss.

Severity of Injuries

The severity of injuries includes the physical and property damage sustained in a collision. Accidents that result in minor property damage or injuries are less likely to result in significant monetary awards.

For instance, a fender bender where the driver sustains a few bumps and bruises is less likely to obtain a sizable settlement. The settlement may include a modest amount for physical injuries and some compensation for damage to the vehicle.

On the other hand, someone who survives a fiery crash involving an armored vehicle or truck may be entitled to a much larger settlement.

Whenever a client sustains injuries in a car accident, a diligent attorney will work with them to assemble evidence of the extent of their wounds and their expected recovery time.

Liability

Each state has liability laws determining how fault for an accident affects potential settlements or court verdicts. There are three main types of liability laws, including contributory negligence, pure comparative negligence, and modified comparative negligence.

In a contributory negligence state, an accident victim cannot collect any damages for the collision if they are at fault for even 1% of the wreck. Contributory negligence is the strictest of liability laws, and certain states use it for personal injury cases, including car wrecks.

Under a pure comparative negligence liability system, individuals may collect damages up to the amount of how responsible they were for the wreck. For example, someone at fault for 80% of the collision may still collect 20% of the total losses they experienced, even though they are primarily liable for the accident.

Finally, some states have modified comparative negligence laws. Under modified comparative negligence rules, the driver can pursue financial compensation as long as they are not 50% or more responsible for the accident. The percentage of their fault reduces any award they receive.

Insurance Coverage

Every state requires drivers to have liability auto insurance coverage compensating other drivers for expenses incurred in a wreck.

States usually implement a minimum amount of liability insurance coverage unless they choose to self-insure. Self-insured people must provide evidence that they have enough assets to cover other people’s financial losses in a collision.

Sometimes, people choose minimal liability insurance coverage. If other drivers involved in a collision with them decide to file a legal claim, their insurance will cover damages up to the limits of their coverage. However, if financial damages exceed the coverage allowance, injured victims can file a lawsuit against the driver.

If an individual in a wreck files a personal claim against the driver, damages may be limited. People often don’t have the financial resources to pay large damage settlements to victims. In such cases, the accident victim must carefully weigh the advantages and disadvantages of a personal injury claim against an individual.

State Laws

Some states require residents to pay for their medical expenses and property damage through their insurance policies, even if another other driver was at fault. In these states, every driver must have personal injury protection (PIP) coverage, which covers their own medical costs. States with these requirements are known as no-fault states.

If a victim’s medical expenses and property damage exceed the amount of their liability coverage, they may file a claim against the other driver’s insurance coverage. However, they must exhaust their PIP coverage first.

Other states are considered fault states. A fault state requires the driver most responsible for the crash to compensate other victims through their insurance policy. Accidents in fault states may result in more compensation, including pain and suffering awards, for victims of collisions.

Financial Loss

Finally, financial losses play a crucial role in the settlement amount from a vehicle collision. Car accidents that result in severe injuries and significant property damage are more likely to obtain higher settlements.

Will you get a settlement from a car accident? Your compensation depends on factors such as state laws, financial losses, and liability.

The circumstances of every car accident are different. Thus, comparing settlements to other car accidents is usually a fruitless endeavor. You’re better off seeking advice from a qualified attorney who is experienced in personal injury law and can examine your circumstances and provide you with an estimate of what your case is worth.

An attorney will consider all of the losses you’ve sustained in the collision, including:

• Medical expenses related to the accident
• Lost past and future wages
• Emotional pain and suffering
• Disability and disfigurement
• Property damage

Once your attorney determines the financial impact of your case, they’ll apply it to the limitations of your case, including liability factors, state laws, and insurance coverage. Based on this information, they’ll be better able to answer the question, “Will I get a settlement from a car accident?”

Most personal injury attorneys offer free consultations to individuals involved in car accidents. Their advice is free, and you’re not obligated to act on it if you decide not to follow through with a legal claim. It’s to your advantage to seek the advice of a car accident lawyer after experiencing a wreck.

Whether your accident resulted in severe losses or minor ones, a lawyer can help you plan your next steps and advise you about circumstances you may not have considered.

Many people don’t know how to handle a car accident. They don’t expect to be involved in a wreck, and when it happens to them, they don’t know what actions to take.
Regardless of the circumstances of your wreck, following a few key steps is critical. Ensuring that you stay within the confines of the law and protect yourself and your passengers is essential.

1. Check Everyone for Injuries, and Call an Ambulance If Needed

Once everyone is out of harm’s way, drivers should examine everyone involved in the accident for injuries, including themselves. If anyone has sustained serious wounds that require immediate medical attention, call 911.

While waiting for the ambulance to arrive, help the injured person stay comfortable, but don’t move them unless they’re in danger of further injuries.

2. Call the Police

Some states don’t require drivers to contact the police for an accident report unless the damage exceeds a certain threshold. Usually, the state minimum for damage is between $500 to $1,000.

However, it can be challenging to determine how much property damage or medical expenses will result from a wreck. Sometimes, people underestimate the amount of damage the accident caused until they get their car fixed or seek medical treatment.

To prevent future accusations of fault and remain within the confines of the law, it’s always best to call the police and obtain an accident report. The police will examine the scene of the accident and indicate the circumstances of the wreck in their statement. They’ll also note the contact details of all drivers, ensuring that you have the information needed if you decide to pursue a future legal claim.

3. Seek Medical Treatment

While you may not feel that you need medical treatment immediately following a wreck, some injuries aren’t apparent for several days after an accident. For example, a traumatic brain injury (TBI) or internal organ damage may not be noticeable for two to three days.
Even if you decide not to visit a hospital, go to an urgent care center or your family physician. A medical provider will examine you for injuries to determine whether anything is going on underneath the surface that may require treatment.

Settlements often resolve most car accident claims. In this case, your lawyer works directly with the insurance company to negotiate a fair settlement that covers medical expenses and lost wages.

Settlements may take four to six months to complete. However, if the case must go to court, it may take up to a year or longer to resolve.

Whether you can recover a settlement from your car accident losses depends on the circumstances of your case, insurance coverage, and state laws. Working with legal counsel is the best way to ensure that your case receives the attention it deserves.

Insurance companies are often eager to offer small settlements to injured people, expecting they’ll agree and move on. The team at Morgan and Morgan will make sure that you don’t accept payment for less than you deserve.

A car accident settlement should take into account your losses, including medical expenses, lost wages, and emotional pain and suffering. Every case is different. Some people require smaller amounts to cover their losses, while others experience lifelong financial devastation.

Seek the advice of a qualified lawyer to obtain a settlement that’s fair to you and adequately covers your expenses related to the collision.

Morgan and Morgan is a national personal injury law firm with more than 1,000 attorneys serving communities throughout the United States. Our attorneys are well versed in car accident lawsuits and can help you determine whether a legal claim is warranted in your case.

We’ve helped thousands of individuals recover settlements and court verdicts from motor vehicle accidents. To schedule a free consultation with us, fill out our convenient online form today.