Your quality of life is likely to worsen after being injured in a car accident caused by someone else’s negligence. You may endure hefty medical bills, emotional anguish, and loss of enjoyment of life.
You, therefore, deserve compensation for your injury-related losses. Although you may be entitled to compensation, you must prove the negligent actions of the at-fault party. You may also face resistance from their insurance provider.
You should, therefore, speak to a legal professional to understand your rights and legal options after the crash. A car accident attorney can investigate the incident, gather evidence, and pursue compensation for your losses.
After experiencing a car accident, you may be left wondering how you will recover your injury-related losses.
Fortunately, there are legal avenues to pursue compensation for your injuries.
Here are two ways you can get paid after a car accident:
One option is to file a personal injury claim with the at-fault party’s insurance company. A personal injury claim involves negotiating a settlement that covers your medical bills, lost income, pain and suffering, and other related damages.
An experienced car accident attorney can evaluate the merits of your case, gather evidence, and negotiate with the insurer on your behalf.
In cases where a settlement cannot be reached through negotiations, you may need to take your case to court. A personal injury lawsuit against the at-fault party allows you to pursue compensation through trial.
Here’s how a car accident lawyer can protect your rights in a lawsuit:
When you work with a car accident attorney, you can focus on recovering from the injury, as they take care of the legal aspects.
Your ability to recover from an injury depends on the settlement value you obtain from a car accident. Even so, there is no average value for a car accident claim. The settlement value depends on the facts and circumstances of each case.
Here are the factors that determine the settlement value of a car accident:
The extent of your injuries directly impacts the settlement value you receive for a car accident claim.
For example, a minor injury such as whiplash may result in a lower settlement value compared to a severe injury like a traumatic brain injury. The medical treatment, emotional anguish, and the inability to work necessitate a higher settlement value in severe injuries.
A car accident lawyer will assess the severity of your injury based on medical records, doctor assessments, and expert opinions. You should, therefore, seek medical attention immediately after an accident to document your injuries and ensure you receive the necessary treatment.
Additionally, following your doctor’s recommendations and attending all appointments can strengthen your claim and demonstrate the seriousness of your injuries.
A car accident attorney can demonstrate the impact of the injury on your life and initiate a settlement claim for these losses.
The availability of evidence can enhance the value of a car accident claim. Different sources of evidence, including witness statements, police reports, medical records, and photographs, support your claim by proving negligence and establishing liability.
A car accident lawyer can collect evidence to strengthen your position and increase your chances of receiving fair compensation for your injuries and losses.
The more evidence you have to support your case, the stronger your position will be when negotiating with insurance companies or presenting your case in court.
Shared fault in a car accident has an impact on the value of your claim. When two parties involved share some level of responsibility for the accident, each party’s percentage of fault will be taken into consideration when determining the final settlement amount.
For instance, if you were found to be 20 percent at fault for an accident while the other driver was 80 percent at fault, your compensation can potentially be reduced by 20 percent.
Here’s an example of shared fault.
You are driving through an intersection when another driver runs a red light and hits your car. However, during the investigation, insurance adjusters discovered you were speeding slightly at the time of the accident.
In this case, the insurance adjusters might determine that you were 10 percent at fault for the accident. Your percentage of fault in the collision will reduce the value of your car accident claim by 10 percent.
A car accident lawyer can protect you from an insurer who may use the principle to minimize their financial liability.
The at-fault party’s insurance coverage can determine if you’ll receive a fair settlement value for your losses. If the at-fault party has no coverage or holds a low coverage limit, it may restrict the value of your car accident.
Even so, you can recover compensation from your underinsured/uninsured coverage. Alternatively, a car accident attorney can initiate a lawsuit, allowing you to recover compensation from the at-fault party’s assets or income.
The length of your recovery period following a car accident can have a significant impact on the settlement value of your claim. The duration of your recovery is directly related to the level of treatment, psychological impact, and financial burden.
A longer recovery period often means higher medical expenses and a longer period of time during which you are unable to work, which can disrupt your finances. A prolonged recovery may also lead to more pain and suffering, an additional factor likely to influence the settlement value of your loss.
An experienced car accident lawyer can account for all aspects of your recovery, maximizing your chances of receiving fair compensation for your injuries.
You may be entitled to compensation after sustaining an injury in a car accident caused by someone else’s negligence. You can initiate a personal injury claim or lawsuit to alleviate the burdens arising from the accident.
Here are the damages you can receive in a car accident claim:
One of the primary roles of a personal injury claim or lawsuit is to recover compensation for your medical expenses.
You can recover various medical expenses, including:
A car accident attorney can use medical records to pursue compensation for medical expenses related to your injury.
Suppose the car accident has caused you to miss work or has resulted in a permanent disability that affects your ability to earn a living. In that case, you can seek compensation for lost income. These damages include the salary, tips, commissions, and bonuses you’ve already lost due to the accident and any impact on your future earning capacity.
A car accident lawyer can use bank statements, pay stubs, tax returns, and a letter from your employer to prove your lost income claim.
You can also seek compensation for out-of-pocket expenses related to the car accident. These damages may include costs for transportation to medical appointments, home modifications for disabilities, the cost of assistance with childcare or home chores, and other accident-related expenses.
Car accidents can result in physical pain and emotional suffering, which can have a lasting impact on your quality of life. Some injuries, including head and back injuries, have persistent pain that lasts for weeks, months, or the rest of a victim’s life.
A car accident attorney understands how to estimate the value of your pain and suffering damages. They may also use a specialist report or medical expenses to prove the impact of pain and suffering on your life.
If the car accident has led to the loss of enjoyment of life, such as the inability to participate in activities you once enjoyed, you may be entitled to compensation for these diminished aspects of your life.
You can pursue reduced quality of life damages if an injury has limited your ability to travel, engage in hobbies, work, or spend time with your loved ones. For example, limb loss in a car accident has limited your ability to play soccer, your favorite sport.
You can pursue loss of companionship if a car accident has resulted in the loss of a loved one or has affected your relationships with family members or friends.
Loss of companionship compensates a victim for loss of comfort, emotional support, and shared activities that a non-injured spouse or family member experiences.
Car accidents can be traumatic events that lead to emotional distress, anxiety, depression, and other mental health issues. Learning you’ll be permanently disabled or disfigured can trigger emotional anguish.
Compensation for emotional anguish aims to address these psychological impacts of the accident.
If the car accident has caused permanent scarring, disfigurement, or physical impairment, you may be entitled to compensation for the changes to your appearance or physical abilities. These damages compensate you for economic and non-economic damages associated with a disability or disfigurement.
In cases where the at-fault party’s actions were particularly reckless or intentional, a judge or jury can award punitive damages. These damages punish the defendant or deter others from engaging in similar misconduct that led to the accident or injury.
While many injured victims obtain compensation from the insurer of the at-fault party, some cope without financial support. Working with a car accident attorney enhances your chances of a positive outcome.
Here are a few reasons to hire a car accident lawyer:
If you sustained a severe injury in a car accident, you may incur emergency room charges, hospitalization charges, and miss work for several months. The hefty medical expenses and lost earnings can disrupt your finances.
Further, the at-fault party’s insurer may reject your personal injury claim or blame you. You should, therefore, work with a car accident lawyer who’ll work hard to protect your right to compensation.
Get in touch with a car accident attorney for legal support.
Marcus & Mack
