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How Do You Calculate a Car Injury Accident Settlement?


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Normally, in the aftermath of a car accident, victims are more concerned about how the situation will affect their lives and less about its legal ramifications. One may end up thinking about the costs of medical services in case they sustain injuries and what to do with their insurance or their job. They may have an idea about how much non-auto accidents cost, but how much for a car crash? This question is common for car crash victims to ask, and it can be answered once a settlement estimate is given.

What Type Of Settlement To Expect

Hiring a seasoned attorney for injury is important to get the compensation you deserve. To make the personal injury claims process run smoothly, you should provide complete details of the accident so your lawyer can come up with a settlement figure that works for you.

Generally, your insurance company will cover the costs related to your accident. If the accident was due to the negligence of the other driver, all costs are paid by that driver’s insurance company, including non-economic damages such as pain and suffering.

In calculating the settlement amount, the overall cost is often threefold the money spent on your medical bills. The type of injury, required medical treatment, therapy plan, work-related losses due to the accident, and degree of property damage are factored in to determine the type of settlement. All injuries, especially permanent ones, should be covered, so see to it that your attorney for injury will make that happen.

Calculating The Settlement

The insurance industry does not follow a specific formula when calculating the value of a settlement, so insurance companies have varying methods for coming up with the right number. Car damage will most likely be covered by your insurance policy, but all other costs are subjective.

Timing your settlement is key. Some medical conditions emerge days after the accident. Pain and suffering are also experienced when you sustain an injury. That is why it is crucial to undergo a medical checkup as soon as you leave the scene of the accident.

Your attorney for injury will give you a rundown of the events to make a viable estimate. To calculate the total settlement estimate, you need to add the economic damages and non-economic damages. Economic damages are easy to pinpoint. They mostly include medical expenses, property damage, lost earnings, future lost income, and future medical expenses. Non-economic damages include emotional distress or other types of psychological impact, such as fear or phobia, that have affected you throughout your ordeal.

What If You Share The Fault?

Not all accidents are one-sided. You may have made some bad decisions while you were driving and contributed to the accident as well. If you and the other driver are at fault, the settlement amount has to be adjusted.

Carelessness on your part requires a reduction in the value of the settlement. States have different reduction policies, but more often than not, a jury may be asked to award a lower amount. Typically, it will be based on your percentage of fault. In Florida, a negligence rule called pure comparative negligence is used to determine the percentage of fault.

The degree of negligence, especially when percentage of fault is applied, may potentially erode the settlement value. The higher your level of shared fault, the lower the settlement amount becomes. In extreme cases, settlements can be canceled by the court if negligent behavior on your part has exceeded compensatory limits.

If you need car accident settlement solutions that will protect your best interests, find a personal injury lawyer who can assist you from the very start. The information you provide about the accident, your treatment, and your recovery may make or break your settlement goals.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

How Do You Calculate a Car Injury Accident Settlement?

Goldman Babboni Fernandez
Murphy & Walsh




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