If you have been injured in an accident due to other driver’s negligence, it is natural that you may want to know how much you can expect to receive in compensation. A whole host of factors affect the dollar value of your auto accident claim. Every case is unique, but there are several common factors that can either decrease or increase the amount of compensation you may get in a court-based lawsuit or insurance settlement after the personal injury.
Let’s take a look at the factors in an auto accident claim that are particularly important:
In order to build a strong case against the defendant, you need to have solid evidence indicating that they were negligent at the time of accident. Some important pieces of evidence to support your claim include traffic camera footage, witnesses to the accident, and the police report stating that the accident was a result of the defendant’s careless actions.
The recommended medical treatment for the injury has a significant impact on the settlement claim. Immediately after the accident, you should seek treatment and get a medical record of your injuries. If the doctor prescribes certain rehabilitation benefits, including workplace modifications, vocational counseling, social rehabilitation counseling, and home modifications, the value of your auto accident will increase. On the other hand, your claim will be valued less if the medical costs are only for diagnosis rather than any treatment.
In addition, if a medical professional at a hospital or clinic provides treatment, your claim will have a higher value, in contrast to when it is given by a non-M.D. provider in a private medical institution.
One of the largest factors determining the value of your personal injury claim is the severity of your injuries. As a rule of thumb, the more severe injuries you sustain, the higher will be the value of your claim. Injuries that lead to permanent or long-term disabilities have the highest amount of compensation. If you have sustained hard injuries, such as nerve damage or broken bones, the value of your claim will be relatively higher than in the case of strains, sprains, and other soft tissue injuries.
To establish whether you have exaggerated the severity of your injuries, the defense will most likely hire an investigator to ensure that the damages from the injuries reflect on your lifestyle. For example, if you claim to have pain in any or both of your hands, you shouldn’t be able to lift heavy things or perform strenuous tasks.
The value of your claim will decrease if you were partly responsible for the accident. In this case, comparative negligence will be calculated, and subtracted from the amount of compensation you are entitled to receive.
Auto accident settlements can vary considerably based on a range of factors that significantly influence the amount of compensation an individual may receive. Understanding these factors, along with the latest statistics, is crucial for accident victims to anticipate potential settlements and navigate the often complex claims process effectively.
According to a comprehensive survey conducted by Martindale-Nolo Research, the average settlement amount for car accidents between 2015 and 2020 was approximately $23,900. For cases involving injury-related claims, the average settlement rose to around $29,700. However, it is important to note that settlement amounts can vary widely. In certain cases, settlements may be as low as $5,000, while more severe cases can result in payouts exceeding $25,000. These discrepancies are largely dependent on the specifics of each accident.
Further emphasizing the financial implications, the Insurance Information Institute (III) reported in 2022 that the average auto liability claim amounted to $6,551 for property damage and $26,501 for bodily injury. These averages highlight not only the significant costs associated with car accidents but also the critical need for victims to secure fair and adequate compensation for their losses.
To ensure fair compensation following an auto accident, victims should take proactive steps:
Gather Evidence – Collect comprehensive evidence, including photographs of the accident scene, detailed medical records documenting injuries and treatment, and witness statements that corroborate your account of the incident.
Seek Medical Attention – It is vital to get prompt medical care following an accident, even if injuries seem minor at first. Documentation of all injuries and treatment costs can strengthen your case and provide a clear record of the impact on your health and finances.
Consult an Attorney – Consulting with an experienced personal injury attorney right away can help you navigate the complexities of the claims process and understand your rights. An attorney can provide tailored advice on negotiating with insurance companies and help you avoid common pitfalls.
Avoid Low Initial Offers – Insurance companies often present low initial settlement offers to minimize their payouts. Before accepting any offer, it is important to carefully review the full extent of your damages—this includes not only immediate medical bills but also long-term care needs, lost income, and non-economic damages such as pain and suffering.
By understanding these aspects and taking appropriate actions, accident victims can increase their chances of receiving the compensation they deserve after an auto accident.
The best way to ensure maximum compensation for the damages in an auto accident claim is to enlist the services of an experienced and reliable attorney as soon as possible. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation with our auto accident attorneys.