Sage Datko  |  August 24, 2020

Category: Legal News

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Car accident settlement can be pursued with the help of a lawyerA car accident settlement is a sum of money provided to the victim in a car accident for injuries and other damages. A car accident settlement may be awarded to the victim in a car crash by the person at fault in the accident, or by their insurance company.

Victims who have been injured in a car accident should document their injuries and expenses. In addition to medical expenses, victims may also want to document missed work, lost wages, the cost of medical supplies, co-pays, and the cost of damage to vehicles, as these costs may factor into their settlement amount. Taking photos of the damage to your vehicle, as keeping medical records for any injuries, may be advantageous for victims.

What Injuries Qualify Victims for a Car Accident Settlement?

Many types of injuries may qualify you to pursue compensation through a car accident settlement. In addition to physical injuries, such as whiplash, concussion, or broken bones, victims may be able to pursue compensation for emotional injuries. These emotional injuries may be tied to the victim’s physical injuries, or they may be separate.

For instance, a victim who was rendered disabled by a car accident may suffer grief, emotional anguish, anger, embarrassment, anxiety, depression, or PTSD due to the changes in their life caused by the accident. A loss of mobility, or the inability to engage in previously enjoyed hobbies or occupations may cause emotional suffering or a loss of enjoyment of life. Victims who suffer from a concussion or brain injury may feel socially isolated, or be frustrated about their new condition.

Even victims who were not physically injured in a car accident may suffer from emotional or psychological injuries. Victims may experience anxiety regarding driving or riding in cars. They may suffer from flashbacks of the accident, nightmares, or insomnia. Many victims of car accidents develop PTSD following the traumatic event. If these emotional wounds begin to affect your quality of life, you may be eligible to speak with a qualified attorney about your legal options.

Although it may be complicated to determine how much your pain and suffering is worth in terms of a settlement, some victims have received pain and suffering settlement amounts of thousands of dollars.

How Long Does It Take to Get a Car Accident Settlement?

Car accident cases may be settled quickly if it is clear who is at fault for the accident. However, in many cases, it is not easy to determine who is at fault, or if the fault is shared by both parties. In these complicated cases, it may take a long time for the victim or victims to receive a car accident settlement.

Determining fault may be a complicated and lengthy process, and may be determined by examining the official police report, any eye-witness accounts, camera footage, and other evidence.

If a settlement is unable to be reached by both parties even after fault has been determined, the victim may need to pursue litigation in order to receive their owed compensation. In these cases, it may take months or even years to settle the case.

In many cases, insurance companies will offer low settlement amounts very soon after the accident in an attempt to settle the case quickly without turning to litigation. However, these initial settlements are often much lower than what victims could receive through a lawsuit.

How Do I Pursue a Car Accident Settlement?

image of court gavel on top of moneyIf a settlement is unable to be reached and a lawsuit is required, the process may be slow and complicated. Generally, once the plaintiff files the suit, the defendant will be served a copy of the complaint within a few weeks to several months, depending on how hard it is to locate the defendant.

After the defendant receives the complaint, they will have about a month to file their answer to the complaint. At this point, the defendant may also attempt to dismiss the case.

The next step is discovery, where both parties will provide evidence supporting their side. This process takes several months to complete, and may take over a year. Following discovery, the trial will take place. The trial generally only takes one or two days.

However, after the trial is complete, there may be an appeal by either party if they are unhappy with the results of the judgment. Generally, lawsuits regarding car accident settlements may take at least one year.

Car accident settlement cases may be a long process for a variety of reasons. The case may be very complicated and require additional time to determine fault, and plaintiffs or defendants may also intentionally try to drag the case out in an attempt to make the situation more difficult for the other party. Insurance companies will also try to pass the blame to the other insured.

Hiring a personal injury lawyer to represent you in your case may make the process of pursuing a car accident settlement smoother and faster. A personal injury attorney may also be able to help you evaluate settlement offers made by insurance companies to determine whether you have been offered appropriate compensation.

Get Help from a Car Accident Attorney

If you or a loved one suffered from a car accident injury, you can get help from an experienced car accident attorney who will make sure that you are fairly compensated for your injuries and other damages. Fill out the form on this page for a free case evaluation.

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This article is not legal advice or medical advice. It is presented
for informational purposes only.

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