It is common for injured accident victims to have a lot of questions about their car accident claim.
If you're injured in a car wreck caused by the negligence of another driver, you can seek compensation for medical expenses, property damage, and other damages through a personal injury claim.
This compensation also covers your lost wages, pain and suffering, and mental anguish.
But, how exactly does the car accident settlement process work?
The settlement process is more than submitting a claim to the negligent driver's auto insurance provider and waiting for a check to cover your losses.
In the article below, we will discuss what it takes to receive your settlement agreement after a motor vehicle accident.
Table Of Contents
- How Is Fault Determined in a Car Accident?
- How Much To Expect From a Car Accident Settlement
- How Long Does A Car Accident Settlement Take
- How Is Accident Compensation Calculated?
- What Is a Reasonable Settlement for Pain and Suffering?
- How Long After A Car Accident Can You Sue?
- How To Settle A Car Accident Claim Without A Lawyer
- When To Get An Attorney For A Car Accident
- Helping The Hurt
How Is Fault Determined In A Car Accident?
A lot goes into deciding who is at fault after a car accident.
Each involved party must provide relevant information regarding what occurred.
You can include witness statements in this process as well.
Insurance adjusters will work to determine who caused or contributed to the crash.
An investigation can be done at the accident scene, and they will gather other pieces of evidence like police reports or accident reports.
When a decision is made, an insurance company will cover the expenses of treatment for injuries and the replacement or repair of vehicles in the accident according to the insurance policy.
The percentage of fault can add to the difficulty of determining fault in a car accident.
In many accidents, more than one driver can be held liable for a crash.
For example, your insurance company might agree to 80% of the damages, and the other insurance company claims 20% of the damages.
You will have to file a personal injury lawsuit if an agreement cannot be made on what qualifies as a fair settlement.
How Much To Expect From a Car Accident Settlement
The size of the settlement check an injured party ultimately gets in their accident settlement depends on the unique situation of their case and the types of damages they're seeking.
For example, if the liable party's insurance company deems your car is totaled, they will give you a lump sum payment based on the vehicle's value.
The negligent driver's insurance company will compensate you for any physical injuries, losses, loss of earnings, damages, and pain and suffering.
With an insurance claim, the financial compensation that the insurance company offers may be much lower than you expect.
So seeking legal assistance from an experienced lawyer that understands insurance laws can help avoid a lowball settlement.
We cannot give you an exact answer to how much the average settlement is.
Medical bills and property damage is easy to calculate, but it's challenging to know what a fair price is on pain and suffering without knowing the details of your case.
How Long Does A Car Accident Settlement Take
Before your attorney can calculate your damages, they need all of your relevant medical documentation.
When you've made a complete recovery and your lawyer has all of your medical records, including medical expenses and receipts for prescription medications and care, they can determine what maximum compensation looks like for you.
Medical records also prove the extent of your injuries.
If you claim to have a severe injury without documentation to back it up, you'll likely receive less than you're entitled to or be denied a damages award entirely.
Additional factors that can determine how long your accident settlement will take are:
- Determining and proving liability
- The severity of your accident injuries and other damages
- The quality and quantity of your evidence
- How long it takes the insurance company to respond to your claim
- How long the negotiation process takes
- Whether or not you work with an experienced car accident lawyer
Why Is My Car Accident Settlement Taking So Long?
It can take cases longer to settle if certain factors exist after auto accidents.
Some of these factors are:
- A severe personal injury with an uncertain treatment plan or recovery time
- Difficulty proving liability
- The wrongful death of a loved one
- Multiple negligent parties, like a truck driver and a trucking company
If any of these factors apply to your case, you should hire an auto accident lawyer to help you.
An accident lawyer will help your case progress smoothly and ensure you receive fair compensation.
How Is Accident Compensation Calculated?
After an accident, the liable party's insurance company should pay the following financial losses in an accident lawsuit:
- Medical bills
- Loss of income
- Other lost income
- Emotional pain and physical suffering
- Permanent physical disability
- Disfigurement
- Loss of companionship
- Loss of mobility
- Emotional damages
If you aren't claiming pain and suffering, it's just a matter of adding up your medical bills and property damage.
But if your case involves pain and suffering, the insurance company will provide additional compensation.
Insurance companies typically use different forms of the multiplier method.
The multiplier method works by applying a multiplier to the total of special damages.
The equation insurance companies use to calculate pain and suffering is sometimes called the damage formula.
What Is A Reasonable Settlement For Pain And Suffering?
The multiplier method is based on the belief that injuries with more quantifiable damages involve serious car accidents and require a multiplier to determine the accident's actual cost.
So let's say your medical bills are $7,000, and your injuries led to $1,000 in lost wages and $500 of property damage.
Your lawyer will multiply the sum of the actual damages ($8,500) by a multiplier that often falls between one and five, depending on the accident's severity.
Three is the most common multiplier.
In this case, the total damage amount would be $25,550.
How Long After A Car Accident Can You Sue?
Every state has different laws concerning how long you have to sue someone after a car accident.
This is known as the statute of limitations.
The statute of limitations defines how much time parties involved in a crash have to initiate legal proceedings.
In many states, you have two years to file a lawsuit concerning a car accident.
How To Settle A Car Accident Claim Without A Lawyer
If you try to settle a car accident insurance claim without a lawyer, you have to handle each step in the process on your own.
This is a very time-consuming and overwhelming process for many injured accident victims.
That's why we always recommend that you hire an experienced car accident attorney right away.
To settle a car accident claim without a lawyer, you have to:
- Investigate the collision and compile evidence
- Identify the at-fault driver
- Prove their negligence by building a solid case against them
- Inform the liable parties and insurance companies of your claim
- Familiarize yourself with state insurance and personal injury laws
- Identify and calculate the value of all your damages, including pain and suffering
- Negotiate a settlement that covers all of your damages
- File the paperwork to initiate a lawsuit when necessary
It can be tricky even for an experienced attorney to juggle these tasks.
You'll have to do it all while recovering from your injuries and before the statute of limitation expires.
This process can be next to impossible while recovering from collision injuries.
When To Get An Attorney For A Car Accident
Sometimes accident victims are wary about talking to an attorney for several reasons.
They are often worried about the price of legal services.
Fortunately, accident lawyers work on a contingency fee basis, so they only get paid if they win you compensation.
But people who've suffered injuries or damaged property after a car accident should contact a lawyer immediately.
Having the knowledge of a legal professional right away will ensure everything goes according to plan.
A lawyer is also necessary if you have to bring a lawsuit against the at-fault driver and the insurance company to receive fair compensation.
If you actually don't need a lawyer, an experienced personal injury attorney will tell you that during a free consultation.
Helping The Hurt
The personal injury lawyers at Helping the Hurt have represented a wide range of cases in the past and will take care of the complicated legal process while you heal from your injuries.
An experienced car accident attorney at Helping the Hurt will ensure you get the compensation you deserve.
If you are an accident victim, our attorneys offer free legal advice to help you understand your case better.
Contact our office today for a free consultation so we can get started on your compensation claim today.
References:
https://www.davidgordonlaw.com/blog/how-does-the-car-accident-settlement-process-work/
https://bencrump.com/faqs/how-is-fault-determined-in-a-car-accident/
https://greatplainsautobody.com/how-much-to-expect-from-a-car-accident-settlement/
https://www.johnfoy.com/faqs/how-long-does-a-car-accident-claim-take-to-settle/
https://www.forthepeople.com/auto-accident-attorneys/car-accident-compensation/
https://florinroebig.com/how-long-do-i-have-to-sue-after-car-accident/
https://attorneyguss.com/settle-car-accident-claim-without-lawyer/
https://pricebenowitz.com/virginia-injury/car-accident-lawyer/