Published On: August 16, 2024
You’re sitting at a stop sign in your SUV, and a car rear-ends you at high speed. You can’t move your legs without severe pain. At the hospital, you are told you have broken legs and a ruptured disc in your back. You want to file a car accident lawsuit, but how?
The best course is to hire a personal injury attorney to obtain a fair settlement for your injuries. They can also file a lawsuit and take the case to a jury if necessary. Learn all about car accident settlements in this article. If you need more information, speak to a New Port Richey car accident attorney. Most car accident lawyers offer a free consultation, so there’s no risk.
Car Accident Settlement Overview
A car accident settlement is a legal agreement between the injured party and the person at fault for the accident. The at-fault driver’s insurance company typically pays a settlement to the injury victim to resolve the matter. A car accident settlement is usually the preferred way to settle a car accident claim. Personal injury lawsuits are expensive and time-consuming, and both sides often prefer to stay out of the courtroom. Most car accident claims end with a settlement.
Remember: The case is over once you accept the insurance company’s settlement offer and sign the paperwork. You cannot go back three weeks later and demand more money, even if your injuries turn out to be worse than you thought. This is why retaining a car accident lawyer early in the process is so important. Your attorney will carefully document what the case is worth so you can get the most compensation for your losses.
Car Accident Settlement Process
There are several steps in the car accident settlement process. You must complete each step to obtain compensation for your losses. Your auto accident attorney will be your legal guide throughout the process:
File A Personal Injury Claim
Assume that another driver was at fault in the car accident injuring you, and they are liable for your damages. If you file an auto accident claim with your insurance company, it will seek reimbursement from the liable driver’s policy later. You can also file a claim with the at-fault driver’s insurance company, but it is best to have your attorney handle all insurance claims. The at-fault driver’s insurance company will likely attempt various strategies to encourage you to settle your case for as little as possible. But your attorney won’t fall for it.
You can be entitled to compensation for medical bills, lost earnings, property damage, pain and suffering, and more. Most auto accident claims are resolved in a settlement with the liable party’s insurance company. Both parties usually want to avoid a car accident lawsuit’s uncertainty and higher expenses.
Accident Investigation
The liable party’s insurance company will begin investigating the crash when you file your claim. Be careful if you talk to the other party’s insurance company because they may try to get you to say something that damages the case. You should hire a car accident lawyer to represent you if there are severe injuries in the accident.
Your attorney will also investigate the car accident to understand liability and other issues related to the accident. Critical evidence to prove fault for the crash may include:
- Accident photos and videos: Take pictures and videos after a car accident, such as vehicle damages and positions. This evidence can be critical to determine fault, but the police will eventually move the vehicles. Thus, your early photographic and video evidence matter.
- Police report: The police will create a report about the accident and may assign blame in the document. Get a copy of the report from the responding officer and give it to your attorney.
- Eyewitness testimony: Eyewitnesses are usually neutral observers of the crash and can be important for determining liability.
- Surveillance video: Nearby businesses may have video cameras that captured the car accident. Your auto accident attorney can obtain a subpoena to get this vital evidence.
- Expert testimony: Experienced auto accident attorneys contract with expert witnesses to prove car accident liability. For example, your attorney may retain an accident reconstruction expert to testify about how the crash happened.
A car accident lawyer knows the evidence needed to prove fault for a car accident. Proving fault means showing that another party was negligent for the accident and your injuries. There are four steps to proving auto accident negligence:
- The other driver had a duty of care to you: Drivers have a duty of care when driving. They must obey the law and minimize risks to other motorists and pedestrians.
- The other driver violated their duty of care: For example, the other party ran a red light and T-boned your car.
- You suffered injury because of the breach of the duty of care: For example, you broke your leg in a car accident.
- You incurred losses from your injuries, such as medical bills and lost earnings.
Claim Acceptance Or Denial
The other driver’s insurance company will investigate the claim and accept or reject liability. If the insurance company denies the claim, you should immediately obtain a car accident attorney. If the insurance company approves your claim, it agrees that the accident is covered under the policy and that the driver was at least partially to blame.
However, claim approval doesn’t mean you will receive the compensation you are entitled to. Insurance companies use many practices to reduce the money they pay injured parties. A common practice is to call an injured car accident victim a few hours after the crash. The insurance company probably knows its driver is liable, so the adjuster wants to reach a quick, low settlement before you hire a lawyer. You should never accept a quick settlement to any auto accident case without an attorney reviewing it.
Settlement Negotiations
Assuming the other party’s insurance company accepts your claim, they will probably offer a low initial settlement offer. You are under no obligation to accept the initial offer. You shouldn’t.
The insurance adjuster may, for example, offer in the initial telephone conversation to ‘pay for your medical bills.’ But ‘paying for medical bills’ can mean many things. The auto insurance company may only pay specific medical bills for a limited time. Plus, you don’t know what your injuries and damages are yet. You can also be entitled to money for pain, suffering, and lost earnings. It is best to decline any phone call with the other driver’s insurance company. Or refer the accident adjuster to your attorney. Your attorney will have a better concept of what your car accident claim is worth. They’ll also advise you to wait until your injuries are fully understood before negotiating a settlement.
What Happens If The Insurance Company Won’t Offer A Fair Settlement?
Fortunately, most auto accident claims are resolved with a settlement, but not every case. When an insurance company doesn’t offer a fair settlement, the first step is mediation.
Mediation means meeting with the insurance company representatives before a third-party mediator. The neutral mediator will attempt to negotiate a fair settlement for both sides. Your attorney can go with you to the meeting. If the mediation works, a settlement will be finalized at the meeting.
The next step after mediation is to file a personal injury lawsuit. Your attorney will file the lawsuit with the appropriate court and argue your case before a jury. However, most auto accident claims don’t wind up in court. It is because there are significant risks for both sides in a lawsuit:
- As the plaintiff, you risk the jury finding for the defendant so that you can end up with no compensation. A trial also takes more time; simply scheduling the trial can take several months, based on the court calendar.
- As the defendant, the liable party and their insurance company can be ordered to pay much more than in a settlement.
- For both sides, the time and cost of the claim rise dramatically if the matter goes to trial.
What Is The Typical Car Accident Claim Worth?
There is no easy way to answer this question. Each claim is different, and an average amount will not address your specific injuries and losses. However, that is an average, and your case can be worth much or less. Every car accident claim is different.
Your car accident lawyer will ensure that you receive fair compensation for your losses, and may include:
- Medical costs in the past, present, and future. Some of your medical compensation can be for hospital bills, ambulance trips, surgeries, rehabilitation, medical devices, and prescription drugs
- Lost earnings in the past and future. You can receive compensation for the lost ability to earn a living if you are partially or fully disabled from an auto accident
- Changes to your home or car to accommodate a disability related to the accident
- Loss of enjoyment and quality of life
- Loss of consortium means losing an intimate relationship with a spouse or partner
- Pain and suffering, which may include mental and emotional anguish related to the injury
- Property losses, such as a totaled vehicle
The value of your auto accident claim may also depend on liability for the crash.
How Long Will My Car Accident Settlement Take?
It depends on many factors. Generally, auto accident settlements take six to 18 months, but yours can take more or less time. Some of the factors that influence how long an auto accident settlement takes are:
- How severe your injuries are. If you broke your legs and have back injuries, the case can take longer to settle. It is because you may take several months to reach maximum medical improvement (MMI). Your auto accident attorney will enter serious settlement discussions once you reach MMI. However, if you only have a fractured wrist, the case may take less time to settle because it is a relatively minor injury.
- Whether fault for the crash is disputed. If you were rear-ended, the fault for the crash might be obvious. However, if several potentially liable drivers exist, it can take months to determine who was at fault.
- Cost of medical treatments. Insurance companies will usually fight expensive cases more than less expensive ones. If you have hundreds of thousands in medical bills, settling the case may take longer.
- How difficult the insurance company is. Some insurance companies are more complex than others to negotiate with.
Your car accident claim can be settled anytime, even after you file a lawsuit. Your auto accident attorney will inform you about settlement negotiations and whether going to trial is needed.
Collecting A Car Accident Settlement
How you get paid for your auto accident settlement varies. Usually, the insurance company writes you a check when the release of liability paperwork is signed. Or, the insurance company will send the payment to your attorney’s law firm. It will deduct their legal fees, expenses, and anything else you owe. A common situation involves the injured party having medical liens against them from various doctors and medical facilities. The liens are usually paid with the settlement funds. The plaintiff receives the balance after all liens and legal fees are paid.
Most car accident attorneys charge 25 to 40 percent of the settlement or jury award for their legal services. However, your attorney may charge more or less, depending on their terms and when the case is resolved. Legal fees usually rise dramatically if the case goes to trial, so consider that.
Contact An Auto Accident Lawyer Today
Being injured in an auto accident is one of the worst things that happens to people. You can be severely injured and out of work for months. How will you ensure that you are fairly compensated?
You should always speak to an auto accident lawyer after a severe accident. A New Port Richey personal injury lawyer can review your case for free and tell if you can be entitled to compensation for your injuries. Most personal injury attorneys are paid out of the settlement so that you won’t incur any out-of-pocket legal fees.
