After a car accident caused by someone else, a settlement can cover your hospital bills, lost income, pain and suffering, and more. Working with an experienced car accident lawyer who can fight for the maximum compensation you deserve.
Keep reading to learn what factors affect your settlement and why hiring the right attorney can make all the difference in your recovery.
Why You Need Proper Medical Care After an Accident
After suffering an injury in a crash, get checked out by a doctor as soon as possible, even if you feel okay. Some injuries, such as whiplash, concussions, and internal bleeding, may not show symptoms right away.
Seeing a physician helps diagnose and treat any issues early on. This protects your health and starts a record of your injuries and treatment, evidence you need for your car accident claim.
Be sure to attend all follow-up appointments, take medications as prescribed, and complete any recommended therapy. If you skip doctor visits or ignore treatment advice, the insurance company may argue that you aren't as badly hurt as you claim or that you made your injuries worse. This can reduce the amount of your settlement.
Should You Talk to the Insurance Company on Your Own?
No.
After an accident, the other driver's insurance company will likely contact you, seeking a statement about what happened and asking about your injuries. They may seem concerned and say they want to resolve your claim quickly.
However, never discuss the details of the crash or your condition with an insurance adjuster. They will use anything you say, even casually, against you later to challenge your liability or damages. The adjuster may also pressure you to take an unsatisfactory settlement before you understand the full extent of your losses.
Politely decline to answer questions and mention that you plan to consult with a car accident lawyer who will handle communications on your behalf. Then, reach out to an attorney as soon as you can. A skilled car accident lawyer will deal with the insurance company and protect your rights.
How Is a Car Accident Settlement Calculated?
Many factors determine how much a car accident case is worth. Some key things that affect the value include:
The Severity of Your Injuries
More serious injuries typically lead to higher medical expenses, longer recovery times, more missed work, and greater pain and suffering, which increase the potential settlement amount. Permanent impairments, disfigurement, or disabilities tend to result in the highest payouts.
The Strength of Your Evidence
You must prove that the other party was at fault for your crash and that the incident caused your injuries. The more evidence you have to back up your claim, like a police report, photos, witness statements, and professional analysis, the stronger your position to demand maximum compensation.
The Insurance Policy Limits
In most cases, the amount of the at-fault party's insurance coverage will limit your financial recovery. Even if your damages total $500,000, if the driver who hit you only has $100,000 in liability insurance, that may be the most you can get from a settlement. In some situations, you can also draw from your underinsured motorist policy.
Other Financial Harms a Car Accident Settlement May Cover
In addition to medical bills, a car crash settlement may also account for other damages, such as:
Lost Income and Reduced Earning Capacity
Your settlement should include money to compensate you for paychecks you miss while recovering or going to medical appointments. If an accident limits your ability to work, you may recover damages for the income you may have earned over your lifetime if the crash didn’t hurt you.
Vehicle and Property Damage
You can seek money to repair or replace your car and any other personal property damaged or destroyed in the accident. This may include broken eyeglasses, smartphones, laptops, child car seats, and expensive clothing.
Out-of-Pocket Expenses
Your settlement may cover out-of-pocket costs stemming from the crash and your injuries, such as transportation to medical visits, parking fees, prescription and over-the-counter medication, medical equipment, and assistance with household services that you now need.
Pain and Suffering
You may receive compensation for the physical pain, emotional distress, depression, anxiety, sleep issues, limitations on life activities, and other suffering you experience due to your injuries and recovery. In cases of permanent disability or disfigurement, settlements for pain and suffering may be quite substantial.
Wrongful Death Damages
Suppose a car accident tragically kills a family member. In that case, you can recover money for funeral and burial fees, pre-death medical care, lost financial contributions and inheritance, and loss of the deceased's love, support, advice, and companionship.
Why Working With an Experienced Car Accident Lawyer Matters
Partnering with a skilled attorney who focuses on car accident cases can have a big impact on your settlement in many ways:
Conducting a Thorough, Independent Investigation
A good lawyer will dig deep to uncover all potentially liable parties and sources of insurance coverage. The attorney may visit the crash scene, interview witnesses, analyze vehicle damage, examine medical records, confer with professionals, and more to build the strongest case.
Accurately Calculating the Value of Your Claim
An experienced car accident lawyer can assess your current and future medical needs, work with professionals to project your lost earning power, gather evidence of your pain levels and emotional trauma, and pull together all the documentation to show the insurance company the true extent of your damages.
Exploring All Options to Maximize Your Financial Recovery
In addition to pursuing compensation from the at-fault driver's insurer, a resourceful lawyer may find other avenues to get you more money. This can include tapping your auto, health, and disability insurance, identifying other parties who may hold responsibility, and locating additional assets of the liable party.
Preparing Your Case for Trial
Most car accident claims settle out of court. But if the insurance company doesn't agree to a fair resolution, you need an attorney ready and willing to file a lawsuit and battle for your recovery in the courtroom. Sometimes, the credible threat of litigation spurs insurers to improve their settlement offers.
Handling the Logistics and Red Tape
From communicating with insurance adjusters to gathering bills and records to filling out paperwork and meeting deadlines, a car accident claim involves many administrative tasks. When you hire a lawyer, they take care of the day-to-day legwork and heavy lifting so you can focus on getting better.
How Much Does a Car Accident Lawyer Cost?
It's common to worry about the cost of hiring an attorney, especially when you face mounting medical bills and have missed paychecks. The good news is that most car accident attorneys use a contingency fee.
With a contingency fee, you do not have to pay any money upfront to retain the lawyer. The attorney's fee depends on winning you a settlement or court judgment. If the lawyer succeeds, they receive a percentage of your financial recovery. If your lawyer recovers no money, you do not owe any legal fees.
This setup lets you get the legal representation you need with no out-of-pocket financial risk. It motivates your attorney to work hard on your case and fight for the maximum possible compensation.
During your initial consultation, the lawyer will explain the contingency fee agreement in detail. You will know from the start what percentage the attorney will take from your settlement or judgment if you win. You can then make an informed decision about whether you want to move forward with the lawyer.
Finding the Right Car Accident Lawyer for Your Case
Choose an attorney with whom you feel comfortable on a personal level and who you're confident has the specific skills and experience needed for your unique situation.
Consider these factors when selecting a lawyer:
Relevant Experience
Personal injury law is a broad field, so you want someone who focuses primarily on car accident claims like yours. The attorney should have deep knowledge of the applicable laws, insurance policies, and court procedures and a track record of successful settlements and verdicts.
Good Reputation
Read the lawyer's online reviews and check their state bar profile to ensure they are in good standing. You can ask for referrals from friends or other attorneys, too. Be wary of lawyers who faced discipline hearings or have a history of unhappy clients.
Accessibility and Responsiveness
You need a lawyer who will answer your questions and address your concerns promptly. Some attorneys are so busy that they are hard to reach, and your case may get lost in the shuffle. Ensure the lawyer you choose has adequate time and staff to give your case the attention it deserves.
Resources and Willingness to Go to Trial
If your claim doesn't settle, you want a lawyer with the personnel, technology, professionals, and financial resources to take your case to court. You need a skilled litigator who is not afraid to file a lawsuit and argue before a judge and jury when needed. Otherwise, insurers may not take your claim seriously.
Personal Connection and Trust
You will work closely with your lawyer during a difficult time in your life. You must feel a good rapport and believe the attorney understands what you are going through, and they will show that they truly care about you and your case. You should feel heard, respected, and empowered to make informed decisions.
What to Expect During Your First Meeting With a Car Accident Lawyer
Most car accident attorneys offer free initial consultations where you can get to know them, share your story, and learn your legal options.
To make the most of this meeting:
Bring All Relevant Documents
Gather any paperwork you have related to the crash and your injuries, such as the police accident report, insurance information, medical bills and records, photos of the scene and your car, earnings loss information from your employer, and journal entries about your pain levels and trauma.
The more information you can provide, the better the lawyer can evaluate your case.
Prepare to Answer Questions
The lawyer will likely ask for details about the accident, the other parties involved, your injuries and treatment, and the impacts on your daily life.
The attorney is not judging or doubting you. They simply need information to understand your situation and provide appropriate guidance.
Ask Your Questions
The initial consultation is your chance to interview the lawyer, too. Ask about the attorney's training and experience with cases like yours, their assessment of your claim's strengths and weaknesses, how long they think the case may take to resolve, and their communication and management style.
Trust Your Gut
Pay attention to how the lawyer and their staff treat you. Do they listen to you and address your concerns? Do they seem knowledgeable, relatable, and professional? Do you feel comfortable confiding in them? Do they appear committed to standing up for you?
Your instincts about your ability to trust and partner with the attorney matter.
Contact a Trusted Local Car Accident Lawyer Today
After a car accident, you may feel angry, frustrated, and worried about how you will pay your bills and move forward with your life. The most important things you can do are get appropriate medical care, follow your doctor's treatment plan, and hire the right car accident attorney to pursue all the compensation you deserve.
At the outset, you cannot know exactly how much you will receive in a settlement. Many factors go into valuing an injury claim, including the severity of your injuries, the strength of your evidence, and the available insurance coverage.
An experienced car accident lawyer will thoroughly investigate your crash, gather proof of liability and damages, accurately estimate your life's short- and long-term effects, and aggressively negotiate with the insurance company for a full and fair financial recovery. The attorney will charge no upfront fees and only get paid if you win a settlement or judgment.
The road to resolution may feel long, but you do not have to travel alone. Contact a trusted local personal injury lawyer today for a free consultation. You have nothing to lose and potentially much to gain in easing your stress and securing your future.
