Do You Always Get a Settlement From a Car Accident?
No, car accident victims do not always get a car accident settlement or car accident settlements after a car crash for medical bills, lost wages, etc. if they suffered severe injuries or minor ones. You may attempt to get an insurance claim, insurance settlement, or personal injury lawsuit.
However, it is not guaranteed that car accident victims will be successful in securing a car accident settlement so you should work with experienced counsel against the negligent driver.
Do you always get a settlement from a car accident from an insurance company or for medical bills, lost wages, and severe injuries that the car crash caused you? Then you should talk to a car accident lawyer.
In a free consultation with an experienced car accident lawyer, you can discuss a personal injury lawsuit and how to best seek compensation from insurance companies and drivers.
When Do You Get Anything in a Personal Injury Lawsuit?
In order to understand when you will always get a settlement (insurance settlement, verdict from the other, etc.) after a car accident, you need to know when you are entitled to anything.
The law allows car accident victims to recover if the defendant's negligence caused their injuries and damages. There are a few key points to separate and highlight here:
First, did the defendant actually cause the car accident and subsequent harm? They may try and say that you did, a third party did, or that an act of God caused the car accidents. You need to be able to predict and defeat these defenses.
Second, did you actually suffer damage? There are all kinds of damage that are acceptable bases for recovery including, but not limited to, the following:
- Medical bills
- Damaged property
- Lost income
- Pain and suffering
- Disability and disfigurement
- Reduced quality of life
- Death and related losses and pain
Third, did the defendant act negligently? This means you need to show that their conduct was unreasonable in the given circumstances. If not, they might be off the hook.
These are the crucial points of any car accident case you need to make against the insurance company or defendant driver. Of course, there will be others, but we start with these elements as they will form the fundamental outline of your accident cause of action.
Contact our law firm to see when you will always get a settlement after a car accident for an insurance claim. This discussion can go over the auto accident, personal injury, medical expenses, settlement offer, insurance claims, and fair compensation from the other driver or insurance company.
You may even seek maximum compensation from your own insurance company under your insurance policy if you suffered severe injuries and debilitating injuries with medical care. The negligent driver may not be the only party you get a settlement from or seek compensation from.
What Can You Obtain From the Defendant Driver or Insurance Company?
Most clients want to know what the insurance company, insurance companies, or person that caused the accident will be on the hook for in court or insurance claims. This is different every time for every plaintiff.
The size and scope of a person's recovery falls squarely on how they were injured and damaged in the accident because of the defendant's negligent conduct. Therefore, you need to start with that analysis, and consider these broad areas of relief
- Economic Damages: Your out-of-pocket expenses because of the accident.
- Non-Economic Damages: Your intangible suffering and loss from the crash.
- Punitive Damages: Awards for extremely reckless and wanton acts by the defendant.
- Wrongful Death Damages: Relief to families and others who lost loved ones due to the accident.
Consult a member of our team to review an insurance policy of your own insurance company or that of the other driver and discuss a case in court. A passionate lawyer can help ensure a defendant or insurance companies do fairly compensate victims of a car accident.
Factors That Impact Settlement in Auto Accident Cases
There are certain factors that tend to increase case and claim value in this field of litigation. This involves the initial offer as well as the final number. In no particular order, here are some things for you to consider:
- The egregiousness of the defendant's conduct. Was the person drinking and driving, texting, speeding, or something else?
- The seriousness of the plaintiff's harms. Was the plaintiff killed, paralyzed, seriously injured or just merely bruised a bit.
- Did the incident impact or injure persons not directly in the car? This is the case often with wrongful death lawsuits.
- Were there any mitigating factors? For example, was the weather particularly bad?
Sit down with an experienced attorney today to see what factors played a role in your crash and how you can use them for initial offer discussions and final settlement purposes.
What You Should Do After a Crash to Protect Your Relief and Recovery
There are a couple of tips and guides we offer to families involved in these events. This helps protect their legal rights should they decide to bring a case in the future.
First, go to a doctor. Seeking medical attention is one of the best things you can do after a car collision.
Second, make a note of what happened and everything you remember about the events.
Third, hire an experienced law firm to investigate the accident, file a claim for damages, and handle communications with opposing parties.
Fourth, avoid direct contact or discuss with the party that caused the crash or any of their agents or representatives.
Of course, this is just a start. There will be more to do to ensure you file before the statute of limitations runs out but you can set that full list once you have hired a lawyer.
Talk to a Car Accident Attorney Today About Your Case
Rosenfeld Injury Lawyers has helped many victims and their families get compensation under Illinois law and other states after auto wrecks. We know how the system works and how to pursue relief against large companies, insurance carriers, and more.
Contact us today for a no-obligation consultation on what may be possible for you by calling (888) 424-5757. Our services are free if we are not successful for you. Learn what legal success may mean for your life by giving us a call.