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Originally Posted On: https://www.boettcherlawoffice.com/6-key-factors-that-influence-car-wreck-injury-settlements/
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When you’re involved in a car wreck, the aftermath can be overwhelming, especially if injuries are involved. One of the most important aspects of recovering from such an event is securing a fair settlement to cover medical bills, lost wages, and other expenses.
However, the process of determining a car wreck injury settlement isn’t always straightforward, and a variety of factors come into play when insurance companies or courts assess how much compensation a victim should receive.
Here are six key factors that influence car wreck injury settlements and what you need to know about getting the highest car accident compensation possible.
1. Severity of Injuries
The more severe the injury, the higher the medical costs, the longer the recovery time, and the greater the impact on the victim’s life.
Settlements generally aim to compensate victims for the financial and emotional toll caused by the accident, and the extent of the injury plays a pivotal role in calculating these damages.
Minor injuries like cuts, bruises, or mild whiplash may result in smaller settlements, as these typically require limited medical treatment and recovery time.
Moderate injuries that require physical therapy, multiple doctor visits, or temporary disability may lead to higher settlements.
In cases of long-term or permanent disability, such as traumatic brain injuries, spinal cord injuries, or loss of limb, settlements can be significantly higher to account for ongoing medical care, future income loss, and diminished quality of life.
Insurance companies will review medical records, doctor’s assessments, and the projected long-term consequences of the injury when determining the value of the claim.
2. Medical Treatment Costs
Settlements typically cover not only the immediate medical expenses incurred after the accident but also any future medical needs that may arise. This includes:
- Emergency room visits
- Hospital stays
- Surgeries
- Physical therapy
- Medication
- Ongoing medical care for chronic conditions resulting from the accident
The more extensive and expensive the medical treatment, the higher the settlement value. It’s essential to document all medical costs thoroughly, including:
- Invoices
- Receipts
- Any communication with healthcare providers
If future medical care is expected, the settlement may include compensation for those anticipated expenses as well.
3. Lost Wages and Loss of Earning Capacity
Car wreck injuries can have a significant impact on a person’s ability to work. If you are unable to work for a period due to injuries, you can seek compensation for lost wages in your settlement negotiation. The amount will depend on your salary or hourly wage, and the number of days or weeks missed from work.
In cases where injuries lead to long-term or permanent disability, victims may also be entitled to compensation for loss of earning capacity. This type of compensation takes into account how the injury has affected your ability to earn a living in the future.
For example, if you can no longer perform the job you held prior to the accident due to physical limitations, your settlement may cover the difference in earning potential over the remainder of your working life.
Calculating lost wages and loss of earning capacity can be complex, and expert testimony from vocational and economic experts may be necessary to establish the full extent of the financial loss.
4. Pain and Suffering
Pain and suffering is a non-economic damage that refers to the physical pain and emotional distress caused by the accident and resulting injuries. While medical bills and lost wages can be calculated based on concrete numbers, pain and suffering are more subjective. However, it is still an important component of many car wreck injury settlements.
Insurance companies or courts may look at factors such as:
- The duration and intensity of physical pain
- Emotional trauma, including anxiety, depression, or PTSD
- The impact of the injury on daily life, such as loss of enjoyment of activities or hobbies
- Permanent disfigurement or disability
In some cases, pain and suffering damages are calculated using a multiplier method, where the total economic damages (medical bills, lost wages, etc.) are multiplied by a number (usually between 1.5 and 5) based on the severity of the pain and suffering. The higher the number, the more severe the impact of the injury on the victim’s life.
5. Comparative Fault
In some accidents, more than one party may share responsibility for the crash. Many states use a system of comparative negligence, which means that if you are partially at fault for the accident, your settlement may be reduced by the percentage of fault attributed to you.
For example, if you are found to be 20% at fault for the accident and the total settlement is $100,000, you would only receive $80,000 after the reduction for your share of the blame.
In states that follow modified comparative negligence, if you are found to be more than 50% at fault, you may be barred from recovering any compensation at all. Therefore, determining fault accurately is crucial, and having a strong legal advocate can help ensure that fault is assigned fairly.
6. Insurance Policy Limits
Even if your damages are substantial, the amount you can recover in a car wreck injury settlement may be limited by the at-fault driver’s insurance policy limits.
Auto insurance policies have coverage limits, which is the maximum amount that the insurance company will pay for damages resulting from the accident. If the at-fault driver’s insurance policy has low limits, it may not fully cover the cost of your injuries, especially in cases of severe damage.
It’s essential to review all available insurance coverage options with your attorney to ensure that you are maximizing your settlement recovery.
Car Wreck Injury Settlements – Get the Right Legal Advice
It’s never an easy task recovering from a car wreck. That’s why it’s better to have support when going through a situation that’s so challenging.
BDIW Law has helped dozens of people get millions in car wreck injury settlements and we wish to help you as well. You don’t pay a cent until our claim is successful, so there’s no downside on your part.
Set up a free consultation with our team to see how we would fight your case and get you the compensation you deserve.
