If you’ve been injured in a car accident, it might be worth looking into what a fair settlement is. You may have come across some articles online that offer the “average” settlement amount for cases like yours, but those numbers don’t help you much if you’re not sure what they correspond to; what are the differences between settlements in different states?
How does injury severity affect an individual’s settlement? If you’re unsure of what to expect with a settlement, it’s crucial that you’re getting in touch with a law firm such as Ivey Law Firm, P.C., Injury & Accident Lawyers that will fight for your best interests.
How Does a Car Accident Settlement Work?
The most important thing to understand about how car accident settlements work is that they are not given out by the victims. Once a lawsuit is filed, the injured party needs to put in the time and effort to prove their claims.
This doesn’t mean that the lawyer representing you will automatically get a large settlement each time they represent you; it just means you’re going to have to do your job and do it well.
Your state will most likely have its own laws regarding settlements, but you can find these in many places. You can easily find a copy of your state’s litigation code and look up the exact details of your state’s laws.
Car accident settlements are typically regulated under a tort system, which means “wrongdoing” or “fault.” This makes sense because at the heart of every car accident lawsuit is a claim that someone did something wrong by being involved in the accident.
Reason For Filing for Car Accident Lawsuit
The most common reason that a car accident lawsuit is filed in court is because of the lack of insurance on one or more parties involved.
Though each state handles this slightly differently, the general rule is that the person(s) who caused the accident must pay for it. Since a reckless driver will have no insurance or not enough coverage, he/she might be forced to offer a settlement as part of his/her defense strategy.
Are Settlement Percentages Set in Stone?
Insurance coverage is always a big question. When a driver is involved in a car accident, his/her insurance company will normally pay for medical bills and property damage. They will also take care of any legal fees as long as they are insured. However, they will not cover expenses that arise from the pain and suffering of the victim.
This is where the question of fault comes in. The driver who caused the accident was at fault for it, and his/her insurance company might not cover this expense. If a person’s insurance company refuses to pay for the pain and suffering of that victim, that individual may be forced to sue for more compensation.
This is why settlements are determined on a percentage basis. The amount that each party will receive will be based on how much money their state classifies as a reasonable amount of money to spend on medical expenses.
The percentage that you receive usually depends on the severity of your injuries. If you sustained severe injuries which required significant amounts of care, you might receive 100% of what is possibly recoverable. If your injuries were minor in comparison to someone else’s but still required some medical attention, you might receive 70%.
Another factor that affects settlements is the total amount of money that has been raised by the plaintiff and the defendant. If one side has raised a significant amount, they’ll expect to recoup their expenses. The injured party might only receive a small percentage after this is covered.
What is a Fair Settlement for Car Accident Injuries?
This is all about proving the fault of the driver who caused the accident. Once you file your claim, your attorney has to prove your case in court without any errors; if he/she can’t do this, there’s little chance of winning your case for all that pain and suffering after an accident. It’s important that you’re looking for an experienced attorney to improve the chances of getting a better outcome.
The percentages you receive will be based on the amount of money your state classifies as “reasonable” to pay for medical bills and property damage. The amounts that the plaintiff and defendant have raised will impact how much money is allocated to each party.