How Much is a Car Accident Settlement?

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Settlements vary depending on how severe the damages are and upon the case built for your claim. An insurance company may offer you a quick settlement amount based upon data and formulas which allow them to determine how much they are willing to give you.

A personal injury attorney will be able to level the playing field and gather the evidence for you based upon the cost of your medical treatment (both past and future) stemming from the accident, the extent of your injuries and those of your passengers, the damage to your vehicle, witness testimony, police reports, lost income or lost wages, and other items to argue for a fair resolution.

“Determining the value of a claim or settlement is more art than science,” says Kevin Shannon, a Paducah personal injury attorney at the Bryant Law Center. “There are no magic formulas and the internet is not a good source of information. In the end analysis, each claim is unique and its value depends on many different factors that can be evaluated by a car accident lawyer experienced in handling personal injury cases.”

What Can I Recover After an Accident?

After you hire an attorney to  pursue your claim you may be eligible for some or all of the following:

What can I recover ….

In addition, depending on your facts and circumstances, you might have a claim for punitive damages. Likewise, your spouse and / or your children might also have derivative claims for loss of consortium.

Vehicle Repair or Replacement

The full fair market value of your car may be reimbursed to you if it was declared a total loss by insurance. Otherwise, you may be eligible for damage to your car to be repaired.

Payment for Medical Bills for Car Accident Injuries

Past and future medical bills associated with your car accident may be compensated for you.

Lost Income Compensation

If injuries you sustained have prevented you from working and earning a living, you may be able to be compensated for lost wages.

Pain and Suffering for Injury Compensation

In addition to medical bills, your attorney may be able to successfully argue that the accident has caused you undue pain and suffering. You may be able to recover the damages incurred by the accident.

Compensation for Emotional Distress

After a wreck, you may experience significant emotional trauma including PTSD, anxiety, insomnia, and depression. You may be entitled to compensation for these and other emotional issues.

Punitive Damages

You may be entitled to seek further compensation if the other driver was engaged in dangerous activities such as drunk driving at the time of the accident.

Compensation in the Case of a Death

If you lost someone in a car accident you may be entitled to compensation for their medical treatment after the wreck, for pain and suffering endured prior to death, for funeral costs, burial costs, and other damages including loss of companionship, loss of consortium, or loss of financial support.

How Long Does a Car Accident Lawsuit Take?

The length of an automobile accident lawsuit varies depending on a number of factors but in general it may take anywhere from a few months to 1 or 2 years. Determining factors include, but are not limited to, whether or not fault has been admitted or determined, the insurance carriers involved, putting together the case, and determining the cost of past, present, and future medical treatments and income loss.

How Much Does A Car Accident Lawyer Charge for a Car Accident Claim?

Most personal injury lawyers work on a contingency fee basis meaning they do not get paid until or unless you are compensated for your claims. When you are preparing to hire a car accident lawyer, they will discuss their contingency fee agreement with you and outline how much they will charge if your case is successful.

Typically, those contingency fees will run from 33 to 40 percent but each case is separate. There are also expenses, such as filing fees, expert witness retainer fees, travel expenses, court reporter fees for depositions and transcripts, and similar expenses.

How Do I Deal with the Insurance Company and an Insurance Claim?

Insurance companies may attempt to get you to take an offer for less than what your claim would be otherwise worth and they may try to further minimize your claim by getting you to provide them with evidence which helps them build a case for them and not for you. After you have filed a claim with them in accordance with your insurance policy, it is best to consult with an attorney.

Without the advice of an attorney, you may find yourself taking a bad offer or being tricked by an insurance adjuster into saying the wrong thing or accepting a lowball offer.

An insurance company may offer you a quick settlement which only covers the market value of your car plus a small amount for some of your medical fees. Once you’ve accepted their offer, you may be unable to take it back and receive appropriate compensation if you need further medical treatment.

They may ask you to go on record and record an interview with you while asking leading questions which make it look like the accident was your fault. After this interview you may have no recourse to get rid of this evidence.

They may also ask you to delay seeking medical treatment so that when you do see a doctor they can argue that they should not have to pay for your medical treatment. They may claim that since you did not see a doctor immediately it must not have been necessary.

A personal injury lawyer can advise you every step of the way in regards to how you should deal with insurance. They can tell you what you should say to them and what you should not. They can guide you through the process so that an insurance adjuster cannot reduce the amount you are due for compensation.

What If the Other Driver Did Not Have Insurance?

An experienced attorney may be able to locate insurance coverage on an at fault driver even if they say they had no coverage. In addition, many auto insurance policies (at an additional cost) have coverage for uninsured and under-insured motorists.

That coverage is not included by default but is available as a nominal fee and is highly recommended. It will cover medical expenses that exceed PIP coverage limits. In Kentucky, your PIP or personal injury protection, will pay your medical costs and possibly lost wages up to the limits of coverage, typically $10,000.

Additional PIP coverage for an extra cost can be added to your policy coverage if you request. One of the more important functions of an attorney in the aftermath of an accident will be to investigate potential insurance coverage for an at-fault driver.

This may be done by investigating who owns the vehicle, if there is a loan on the car that requires insurance to be maintained, or if the driver resides in a residence where a parent or relative has insurance coverage,

A cautionary note for motorcyclists. Motorcycle liability insurance in Kentucky does not include personal injury protection by default. It has to be added as a separate coverage to the policy at additional cost.

What Do You Do in a Minor Car Crash?

A minor car crash may not be so minor as it first appears. Sometimes it may take days for an injury due to the accident to present itself. After a wreck you should still file your claim with insurance, but be mindful not to say anything which could impact your compensation in the event that further damages, such as injury, appear.

You should still visit a doctor for examination so they can see if you sustained any injuries in the accident. This documentation would be very important if you were to pursue legal action against the fault driver.

How Can I Maximize My Car Accident Settlement?

After retaining an attorney to assist you with your claim, documentation will be the most important aspect of getting the most out of your claim.

Be sure to keep all documents related to your accident including police reports, photos, and medical records. It is important to follow your doctor’s medical advice and to always show up to appointments with them. Keep track of how your injury impacts your everyday life.

Each of these things helps make your case stronger and helps to make it more legitimate.

What Types of Car Accidents Can Personal Injury Lawyers Represent Me In?

How Do I Decide Which Car Accident Lawyer to Hire for Your Claim?

When you are trying to decide which attorney to hire to help you with your car accident legal issues, you need to look for a personal injury law firm with a history and proven track record of fighting for car accident victims.

Be careful to avoid attorneys who take on as many people as possible in an attempt to speed them through the process and settle quickly without thoroughly investigating the details of your case. These attorneys  may not be able to get you a fair settlement because their  priority is having a revolving door of clients to profit from.

However, most car accident claims are eventually settled and do not go to trial. Be sure that the attorney you choose has  experience in personal injury cases and has the dedication to fight for you.

You need an auto accident lawyer who understands how to deal and negotiate with the at fault party’s insurance company. An experienced lawyer can guide you through the process, hold the responsible parties accountable, and get you the fair compensation you deserve.

 

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