Who Pays Compensation After a Car Accident?

Jul. 4th, 2022   /  

Who Pays Compensation After a Car Accident?

Being cautious whenever you are behind the wheel is a safe driving principle. However, not every road user is a careful driver. You may get involved in an auto accident despite your carefulness. Such an unfortunate incident may result in expenses, vehicle damage, and even bodily injuries. Legally, you can file financial compensation for your damages from an accident.

Auto accidents may result in damages and even bodily injuries. The individual whose negligence led to an accident is liable for the expenses incurred from the crash. The compensation also includes the medical costs for treating injuries sustained from the accident. The degree of bodily harm determines the monetary value of the bodily injury claim.

You will get a small amount for short-term and minor injuries. However, serious injuries or bodily harm with long-lasting impacts on your life increases the settlement. A personal injury lawyer could help you calculate the monetary value of your bodily harm. The professional can quantify damages you may find difficult to measure.

Auto Accident Damages

Auto Accident Damages

A driver is liable for an auto crash’s financial impact if the mishap is the person’s fault. You could file a claim for financial recovery if you were a victim of such an accident. Here are damages you may seek financial compensation for if they are from a no-fault accident.

Vehicle Damage

You should include vehicle damage in your accident claim. You can get a refund for the cost of vehicle repair or replacement if totaled.

Medical Costs

It would be best to seek medical care after the accident. Minor injuries should receive attention. Besides, you may develop issues that worsen over time. A doctor should perform a thorough medical examination and give you the necessary treatment. Accounting for the doctor visits, tests, prescription medications, medical bills, surgeries, and rehabilitation will be helpful.

Though you might have settled the medical expenses, the driver’s insurance provider will reimburse you. The insurer may pay compensation for necessary further medical treatment. Your insurance provider might have paid the entire bill or part of it before you were compensated. It is right to refund the firm.

Lost Income

You may miss work due to the auto crash and injuries. You should include the missed income in the claim for financial recovery.

Pain and Suffering

It may be challenging to quantify the resulting pain, inconveniences, and suffering. It includes physical disfigurement, loss of life’s enjoyment or your loved one, and emotional damage. However, the amount you will file for compensation is based on the following factors:

(1): the severity of the crash,

(2): injuries sustained, and

(3): the impact of the bodily harm and mishap on the victim.

A careful assessment of the damages you included in your claim is necessary. It will enable you to assign the correct monetary value to them. Before you enter into settlement negotiations, ensure the total claim is accurate. A lawyer can evaluate your claims and recommend the best financial settlement option.

You must accept or reject the offer made by the at-fault driver’s insurance provider. However, if you accept the offered financial compensation, you have no right to make extra claims in the future.

Your Lawyer Can Assist Financial Recover

personal injury lawyer

The negligent driver’s auto insurance provider will pay the accident costs. Unfortunately, the insurer may try to pay you less than your claimed amount. They may reject the initial claim even when you sustained visible injuries or your car is damaged beyond repairs. The insurer is interested in their profit and not a fair settlement.

The driver’s insurance provider may try to implicate you in the cause of the auto crash and even use your words against you. The insurer may even suggest that your total claim is more than it should be. An attorney can help you negotiate a fair settlement. The lawyer will assess the damages, help quantify them and gather evidence for your claims.

The amount of financial compensation paid for an auto accident varies depending on the severity of the sustained injuries and damages. Even two victims of the same accident will have different values for their financial recovery. Your claims should fetch you enough money to pay the damages and necessary future medical treatment.

You would be left with extra costs if you got paid less for the financial settlement you filed. You will settle the additional expenses from your pockets. If you have already paid the bills, you will fail to recover them.

Calculating Your Claims Monetary Value

A lawyer can assign a monetary value to your damages, economic or non-economic. The legal professional may use your medical records to quantify your medical costs. Besides your current treatment, your health care provider will give details of any required future treatment.

The multiplier method is the most used formula for calculating “pain and suffering” from car accidents. The rating of the severity of suffering ranges from 1 to 5. Lawyers add the costs of the other damages. Then, they multiply the total cost with a chosen rating number to obtain the “pain and suffering” settlement value.

Time Limit for Seeking Financial Settlement

The duration you can seek compensation for auto accident damages varies across states. This “statute of limitations” restricts your time for financial settlement to a given period. Usually, the time starts from the auto crash’s date. You should ask your attorney if the claim you intend to file is within the accepted duration.

If your claim is genuine, you will get a financial settlement. You should protect your right to financial recovery by compiling evidence for verification of your claims. You should report the accident to the police. The documentation of the mishap could serve as evidence. Pictures of your damaged vehicle, injuries, and accident scene are necessary. They can show the severity of the damages you incurred.

Also, document the changes if the injuries progress. If you notice any strange behavior, try and video the at-fault driver. Get the names of people who witnessed the car crash and their contact details. Their eye-witness accounts will be helpful.

Car Accident Lawyers — FAQ's

Free Consultation

Complete the form below, call 561.266.9191 or Live Chat Available 24/7

    You can also Contact our offices directly