Factors That Affect Your Car Crash Settlement
You’ve been involved in a serious car crash and are struggling to recover from your injuries. You’ve missed work, medical bills are mounting, and you are trying to balance your physical recovery with the financial stress caused by an accident that wasn’t your fault. You know you are entitled to a settlement from the insurance company that will allow you to move forward, but you quickly find that getting the settlement you need isn’t as straightforward as you hoped. Many factors affect your car crash settlement, and the more you understand them, the more you can prepare to fight for what you deserve.
The Severity of Your Injuries and Amount of Medical Treatment Will Affect Your Settlement
It’s logical that the worse your injuries are, the bigger your settlement will be. This is due to several factors. Catastrophic injuries have higher medical expenses initially, will generally require long-term rehabilitation, and will substantially impact your quality of life moving forward. The pain and suffering accompanying these lifelong struggles are typically factored into your compensation. While pain and suffering can be difficult to quantify monetarily, an injury that has caused permanent disfigurement or impairment will typically allow you to recover more. Traumatic brain injuries, spinal cord injuries, loss of a limb, or severe disfigurement will receive higher payouts than more simple broken bones, soft tissue injuries, or muscle strains. This does not mean you will not get any compensation if your injuries aren’t severe, but it will make a difference. If you’ve been injured in a car crash, it’s important that all of your injuries get documented. The only way this happens is if you seek the proper medical treatment in the first place, and you follow through on all recommended follow-up treatment as well. Likewise, when the doctor tells you to return if your symptoms get worse or don’t improve, it is imperative that you honor this instruction as well. Otherwise, it will be assumed that you were not hurt that bad. And not only will your physical health suffer as a result of this, your monetary recovery will suffer as well.
Liability Will Impact Your Settlement
Liability determines who is legally responsible for the accident. Before a settlement can be reached, liability needs to be determined. There are varying possibilities for liability determination. One driver can be 100% at fault. If you were obeying all traffic laws and were hit by a driver who ignored a traffic signal, was distracted on their phone, was intoxicated, or otherwise caused the accident, that driver will likely be assessed full liability for causing the accident.. However, not every case is so straightforward. In some cases, each driver may be assigned a portion of the fault. One driver may have ignored a traffic signal and hit the other car in an intersection, but if the driver who had the right of way was speeding, using a device, or anything else that could potentially impact their ability to react, they may be assigned partial fault. When weather impacts the accident, that can also be a factor in determining liability. If multiple drivers were involved, this can complicate things further.
Fault is usually determined by the police who responded to the accident and will be documented in their crash report. However, the insurance company determines liability regarding the settlement. They will use the police report but will also conduct their own investigation, by looking at the damage to the cars and how it occurred, take witness statements, and look at the conditions at the scene. Insurance companies will scrutinize your recorded statement to the insurance investigator, and try to find discrepancies in things you told the police, the medical staff, or what you might have posted on social media. For this reason, it is essential to limit what you say and to whom you say it. DO NOT post about the accident on social media, and always decline the request to talk to the other insurance company until you have spoken with a lawyer first. Experienced insurance adjusters have a way of asking the right questions to trip you up and get you to admit fault, even when there is no basis to do so. Simply apologizing after the accident, even if your role was just being present, can be construed as accepting a degree of fault. The more faults assigned to you, the smaller your settlement may be.
Understanding How Insurance Policy Limits Affect the Settlement
Many drivers only carry the minimum insurance required. But there are multiple other coverages that come into play, so it is imperative that you talk with a lawyer that has experience handling claims like yours, to make sure you are able to be compensated fully. Depending on your injuries and the coverage available, your claim should include compensation for medical treatment costs, pain and suffering, impact on your quality of life, earning potential impairment, and other applicable factors. If your damages exceed the amount of the liability limits, you should definitely talk with an attorney to see about alternative recovery sources, such as an underinsurance claim or the Victims of Crime Compensation Program.
Timing Your Settlement Right for the Highest Payout
Early settlement offers are always low. It can be very easy to want to jump on the first offer, especially if it sounds like a significant number and you are not focused on the big picture. This is especially true if you have anxiety over mounting bills, missed work, and the search for a replacement car. However, insurance companies will exploit these distractions, and will intentionally start with an initial offer that is the lowest number they can get away with. They know you are thinking fast = good. Be very cautious of that initial offer. Don’t accept it right away, but take the time to work out the numbers and, more importantly, consult with an attorney. As you can take better stock of your future needs, your attorney will be able to gather evidence and calculate a fair settlement. Waiting and negotiating will almost always pay off in the long run. On the other hand, it is also essential to listen to your attorney and know when to accept the negotiated settlement.
Working with an attorney is the most effective way to get the best possible settlement. When you hire a car crash attorney, they will negotiate with the insurance company, collect and document evidence from the scene, and calculate what you need for a fair settlement. An experienced car accident lawyer understands all the factors that determine a settlement and can make sure you make it through the process with as little additional stress as possible. Contact us at Arthur Law Firm immediately at (419) 782-9881 for a free consultation to discuss your legal options and ensure you receive the compensation you deserve.