The monetary compensation you should ask for in a car accident settlement depends on your case. Essentially, you should ask for enough monetary compensation to make you whole again after your car accident, to the greatest extent possible.
The amount of money you actually receive to resolve your claim will depend upon the type of claim you file, as well as various accident-specific circumstances, including the nature and extent of your injuries and the total cost of your medical treatment.
A knowledgeable car accident attorney in Tampa area can help you set realistic expectations for your case and let you know how much to demand in a car accident settlement. Your lawyer can also let you know the approximate value of your case, given the nature and extent of your injuries and other accident-related factors.
Your lawyer can also assist you with every step of the claims-filing process and negotiate with insurance company adjusters to secure a favorable result. Finally, if the insurance company does not compensate you fairly for your injuries, your lawyer can explore other options for you.
Every step of the way, your attorney will advocate for you while pursuing the maximum compensation available in your case. Your lawyer can also answer all of your questions and keep you abreast of any new case updates.
Common Types of Car Accidents that Happen Due to Others’ Negligence
When other people drive negligently, they may cause various types of car accidents. First, when drivers speed and tailgate other vehicles, they may cause a rear-end crash, where the front of their car hits the back of another vehicle. These accidents also happen during traffic back-ups when people drive too fast for the weather or traffic conditions.
Next, a distracted or inattentive driver may cause a head-on collision, where their vehicle hits the front of another car traveling in the opposite direction. These accidents can also result from intoxicated and drugged driving. When these accidents happen at high speeds, they lead to permanent injuries and sometimes fatalities.
Sideswipe accidents, on the other hand, happen when the sides of two vehicles traveling in adjacent lanes hit one another. Sometimes, the collision causes one of the vehicles to slide off the road completely.
Finally, when drivers fail to yield the right-of-way to other vehicles at traffic intersections or highway merge lanes, they may cause a T-bone or broadside collision. These accidents occur when the front of one car hits the side of another vehicle traveling on an intersecting roadway.
Suppose you sustained injuries in one of these accidents resulting from another driver’s negligence. In that case, your attorney can discuss the circumstances of your accident with you and review all of your legal options.
For example, you can file a claim under your own Personal Injury Protection (PIP) insurance policy or, in some circumstances, file a third-party personal injury claim under the at-fault driver’s insurance policy, depending upon the jurisdiction where your car accident happened. Your lawyer can determine your eligibility to file one of these claims and assist you with every step of the process.
Common Causes of Car Crashes
Car accidents typically happen when other drivers commit one or more negligent acts. For example, drivers frequently cause car crashes when they violate one or more traffic laws.
A driver might fail to yield the right-of-way to another vehicle, speed excessively, not use their turn signals, or not use their mirrors when driving (or while pulling out of parking spaces). When drivers commit these traffic law violations, their chances of causing a severe accident increase dramatically.
In addition, some car accidents happen when drivers exhibit various forms of road rage or aggressive driving. People drive aggressively when they tailgate other vehicles, speed, cut other vehicles off near highway merge lanes, or fail to use their turn signals.
When a driver executes one or more of these aggressive driving maneuvers, they may inadvertently cause their vehicle to strike another car – or a pedestrian, motorcyclist, or bicyclist – resulting in serious injuries.
Next, some car accidents happen when drivers come under the influence of alcohol or drugs. These mind-altering substances may cause a driver to experience various physical effects, including blurred vision and dizziness.
Consequently, an intoxicated driver may be unable to drive their vehicle in a straight line, or they may drive erratically. Similarly, alcohol and drugs may cause a driver to experience limited concentration, impaired reflexes, and delayed reaction time, all of which prevent safe driving.
When a passenger vehicle driver has a BAC of at least 0.08 percent, they are legally intoxicated. However, they must follow stricter standards if they are commercial drivers or minors under 21. If an individual incurs a conviction for DUI, they may face criminal penalties and civil damages if they cause an accident that leads to injuries or deaths.
Finally, some car accidents happen when drivers become distracted at the wheel. Many activities can distract drivers, both electronic and non-electronic. Distractions can be manual, visual, or cognitive, and any distracting activities can turn a driver’s attention away from the road, causing them to hit another vehicle or pedestrian.
If you sustained injuries in a car crash that another driver caused, you should immediately seek the experienced legal help you need. A car accident attorney can go over your legal options with you and help you select the best choice for your unique case circumstances. Your lawyer can also file the appropriate claim and recover the monetary award you deserve for your injuries.
What Injuries Can a Car Crash Victim Suffer?
Victims of serious car accidents often stand to suffer debilitating and sometimes permanent physical injuries. This is especially true when a driver or passenger is involved in a forceful collision or series of crashes. The force of an accident may cause an accident victim’s body to move abruptly backward and forwards, leading to soft tissue neck and back injuries and traumatic head and brain injuries.
Other injuries that car crash victims may suffer can include:
- Bone fractures
- Rib fractures
- Internal bleeding
- Internal organ damage
- Open lacerations
- Bruises
- Spinal cord injuries
- Complete and incomplete paralysis injuries
- Death
Following through on your medical treatment regimen after a car accident is one of the most important steps you can take. By seeking ongoing care from medical professionals, you show the insurance company that you deserve to recover favorable monetary compensation for severe injuries. You also increase your chances of making a full recovery from your accident-related injuries.
As part of your medical treatment regimen, you may need to consult with a primary care physician (PCP), medical specialist, or physical therapist, depending upon your accident circumstances.
During this time, your lawyer can begin gathering essential documents in your case, including police reports, statements from witnesses, injury photographs, property damage photographs, medical records, and medical bills. Your attorney can then assemble a settlement demand package and present it to the insurance company after your medical treatment concludes or you know the future treatment you will need for lasting injuries.
What Monetary Damages Can a Car Crash Victim Recover?
In a no-fault state, car accident victims must ordinarily look to their own insurance company before filing a claim with the at-fault driver’s insurer.
Under a PIP claim with your insurance company, you may recover a portion of your accident-related medical expenses and lost income, up to your purchased coverage limits. However, if you suffered a disfiguring injury or disability in your accident, you can turn to the at-fault driver’s insurer for additional monetary damages.
Most states are tort states or fault-based states. This means a car crash victim can immediately turn to the at-fault driver’s insurance company from the beginning of the case.
The monetary compensation you may recover as part of a third-party injury claim or lawsuit will depend upon the nature and extent of your injuries, the medical treatment you underwent, the cost of your medical treatment, and other accident-specific factors.
Damages in a third-party claim or lawsuit include compensation for:
- Mental distress and emotional anguish
- Lifetime care costs
- Permanent disability or disfigurement
- Loss of life enjoyment
- Loss of use of a body part
- Loss of spousal consortium and companionship
A knowledgeable car accident lawyer can let you know the damages you can recover based on the claim you file and other accident-specific circumstances. Your attorney can then file the appropriate claim on your behalf and recover the maximum monetary damages you deserve.
Factors that Affect the Size of a Car Accident Settlement
The amount of monetary compensation that a car accident victim requests typically varies from case to case, depending upon various circumstances. In general, a monetary award should fully compensate an accident victim, not only for their medical expenses or lost income but also for their pain, suffering, and inconvenience.
The size and scope of a car crash victim’s total monetary award will usually depend on:
- Whether they can file a third-party personal injury claim or a PIP claim only
- The severity of their injuries and whether or not they suffered a permanent injury in their accident
- Whether they had to miss time from work after their accident or change careers due to the nature and extent of their injuries
- The insurance company and adjuster with whom the accident victim is dealing and the jurisdiction where the car accident claim is pending
Your attorney can help you decide whether to accept a settlement offer from the insurance company or pursue litigation options in your case.
What do I Need to Prove in a Third-party Car Accident Case?
To recover monetary compensation as part of a third-party personal injury claim stemming from a car crash, you must establish that another driver violated the legal duty of care they owed you under the circumstances.
For example, the at-fault driver might have been speeding, exhibiting road rage, or driving while under the influence of drugs or alcohol. Next, you must legally demonstrate that as a direct result of the other driver’s careless and reckless behavior, the accident and your physical injuries occurred.
Proving these legal elements may require several different types of expert testimony.
Expert testimony in a third-party personal injury case may include:
- Testimony from an expert accident reconstructionist who can opine about how the accident occurred and who caused it
- Testimony from a medical expert who causally relates the accident victim’s claimed injuries to the car crash and/or establishes that the accident victim’s injury or injuries are permanent, meaning that they are unlikely to get better with time
A skilled car accident attorney can satisfy your legal burden of proof to maximize the overall monetary damage award you receive in your case.
Call a Car Accident Attorney in Your Area Right Away
If you or someone you care about recently suffered injuries in a car accident, time is of the essence. Failing to take prompt legal action and retain an attorney to represent you can have devastating consequences. In fact, waiting too long to seek the legal representation you need may jeopardize your right to recover monetary compensation and damages in the first place.
A skilled car accident lawyer can immediately start representing you and handling the legal aspects of your case. Your lawyer can file a claim with the appropriate insurance company and negotiate favorable settlement offers on your behalf. If you file a third-party injury claim, your lawyer can litigate your case through the court system and represent you in any legal proceedings. Your attorney will maximize the total monetary compensation you receive for your car-accident losses.
The best way to know how much to demand from an insurer is to consult a legal professional today.
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