When filing a car accident claim, it is important to understand that several factors can impact your settlement offer. These factors ultimately determine the compensation you may receive for damages such as medical bills, pain and suffering, lost wages, and more. In this article, we will discuss some of the main factors that can affect your car accident settlement amount.
Liability
Liability, also regarded as a fault, is one of the single most critical factors that goes into determining settlement amounts. Determining who is responsible for an accident often involves analyzing traffic laws, witness statements, and other pieces of pertinent evidence. If it can be proved that the other party was clearly responsible for the accident, your chances of receiving compensation improve significantly.
It is important to know that fault laws vary from state and state, having a direct impact on your final settlement amount. Many states have a “comparative negligence” system in which a party’s compensation is directly impacted by their percentage of fault. For example, if you are found to be 30% at fault for an accident, your settlement amount will be reduced by that amount. In other states, however, being partially at fault for an accident may completely bar you from recovering any amount of compensation.
Legal Representation
Having skilled legal representation can also significantly affect your settlement amount. This is because experienced Burien accident attorneys know how to gather and present evidence, negotiate with insurance companies, and understand the nuances of personal injury law. Furthermore, an attorney can provide guidance on the true value of your claim and ensure that you recover the amount of compensation that you rightfully deserve.
Severity of Injuries
Injury severity can also play a role in car accident settlement amounts. If you have suffered a more serious injury such as a traumatic brain injury or spinal cord damage for example, you will likely receive a higher than average settlement amount due to the extensive care and rehabilitation required to recover. Additionally, if your injuries leave you unable to perform the duties of your job, you may also be able to recover compensation for lost earning potential, lost wages, and diminished quality of life.
Evidence
Ultimately, the quality and quantity of evidence you provide are crucial in determining your final settlement amount. Evidence may include photographs of the accident scene, witness statements, police reports, medical records, and expert testimony. Detailed documentation helps to establish the severity of your injuries, the extent of property damage, and the impact that the accident has had on your life.
Insurance Coverage
Finally, the amount of insurance coverage available to both parties plays a significant role in determining car accident settlement amounts. If the at-fault driver has substantial liability coverage, there will likely be enough funds to cover your damages. However, if the at-fault party has minimal insurance coverage or lacks insurance altogether, recovering the full amount of compensation may be more challenging and will likely require legal assistance from a car accident attorney.