By Kim Hemphry
One common question every personal injury lawyer encounters when dealing with a car accident settlement is: how much to expect from a car accident claim? Several factors affect the amount of compensation you receive from your car crash claim. Some can hurt your case, while others can strengthen your claim.
You need to clearly understand what these considerations are and how they can impact your case to give you a view of how much to expect from your claim. When you consult an experienced car accident attorney, they will provide you with an estimated amount you can receive from your claim following similar cases from their past experiences. They also consider some of the factors that affect settlement amounts.
Read on to get more information on some of the tips that can influence the value of your claim.
Evidence of Negligence
The foundation of a successful car accident settlement lies in proving that the liability. Your medical insurance cover may help you to settle some of the expenses.
However, the ability of your attorney to negotiate a settlement lies in clearly showing that the accident was the result of the other driver’s fault. Other acts can potentially establish liability, such as willful acts. However, most cases result from negligence.
You have to prove negligence by establishing that the at-fault driver was distracted while driving or was driving under the influence. If the other driver also confirms that you were partially at fault for the accident, the amount of your settlement may decrease.
A good example is if the other driver rear-ends your vehicle while following you too closely. If at such a time you had a defective tail light causing the other driver not to know when you are slowing down, then if an accident occurs, you are partially at- fault.
The Severity of Your Injuries
You need to have medical records and a doctor’s report that assesses the extremities of your injuries and establishes how long you will have to receive treatment and the suffering that results from the accident. Without a medical record and expert testimony, you may not have enough crucial evidence to prove the severity of your damages.
It is common for insurance companies to offer quick settlements before you can fully know the extent of your injuries, especially in the cases where the other driver’s liability is clear. Without first visiting the hospital and getting a precise diagnosis, you may not know how serious and damaging the injury is to your life and how much treatment you may require in the future.
Once you accept the quick payment, you may not go back to them and claim for another refund once you realize that the damage is more than what they initially gave you. However, a professional car accident attorney can guide on the importance of waiting for a clear report from medical experts.
Immediate Medical Attention
The value of your claim will increase if you seek immediate medical attention after the accident. It does not matter to what extent you are hurt. Failure to seek medical attention or following up with the necessary treatments could be detrimental to your claim.
It can provide the insurance adjuster the right to argue that the resulting injury from the accident was not as severe as you claim. As a result, you may have to accept a lower settlement amount.
Pre-existing Injuries Before the Accident
The insurance adjuster can take advantage of the fact that you had pre-existing injuries in the same area injured from the accident. They can claim that the current damage was not a result of the accident but was already present before the crash.
The result may not be a reduction in your settlement, but an extension to the time it takes to resolve it.
You have to file a report with the police within 28 days from the day of the accident. The sooner you do it, the better. The police report is persuasive evidence that contains information such as the witness statements and the negligent driver’s statement, which can strengthen your compensation claim.
Failure to make a police report within the set days may cause you to lose your chance on a settlement.
Insurance adjusters may hire investigators to look into your life after the accident to tell if you are engaging in activities that are consistent with having received an injury. If they find evidence that your lifestyle does not depict any damage, your compensation claim may be in peril.
The Right Car Accident Attorney
Overall, the most crucial factor that will determine how much you receive as compensation is having the right attorney by your side. An excellent attorney will go the extra mile to ensure that you receive maximum compensation.
If you are a victim of a car accident, you can contact the Murphys Law Brisbane Car Crash Lawyers to help you navigate all the procedural requirements and help you receive the compensation you deserve.
About the Author:
Kim Hemphry is a passionate expert in the areas of Legal Matters, learning and education. She has been featured on over 50 leading Legal and education sites and is a modern thought leader in the field. More about her interests and articles on her site – http://kimhemphry.com/.