What Are The Types Of Compensation I Could Receive After A Car Accident Settlement
You are entitled to compensation if a careless driver injured you or caused you damage. This money should assist with your loss or injury. This legislation was not created by the state to penalize careless motorists. Instead, its a means of making up for the harm done to a victim. It is not regarded as compensation for the victim.
It is compensation intended to cover the cost of physical therapy, doctor visits, and other healthcare costs. These costs result from the negligent behavior of the at-fault motorist. The money can also cover lost wages if the injury prevents you from working. The government aims to place you in the same situation as if the driver hadnt been careless. This is accomplished by the offending doctor giving the victim money.
In Connecticut, there are two categories for any losses or injuries brought on by an automobile accident that wasnt your fault. Economic losses and noneconomic damages fall under these categories. The legal system and a hearing are used to decide them. It is in your best advantage as an accident victim to retain a lawyer who has experience with personal injury claims.
% Of A $445k Settlement Was For Pain And Suffering
A young man was riding a motorcycle in Hialeah, Florida. A tractor trailer was heading in the opposite direction.
The truck driver made a left turn and hit the motorcyclist.
As a result of the impact, the rider was thrown off his motorcycle. The truck driver got a ticket for causing the accident.
He broke his leg and finger. Specifically, he had a tibial plateau fracture. Doctors operated on both his leg and finger. He spent about a week at the hospital. While in the hospital, he called me for a free consultation.
I met him at the hospital and he hired me immediately.
I settled his personal injury case for $445,000. When looking at his final out of pocket hospital and medical bills, 93% of the total settlement was for pain and suffering.
The pain and suffering multiplier was 14.7 times the final out of pocket medical bills.
After my attorneys fees, costs and paying his medical bills, he received $263,522.
This does not factor in interest on a loan that he took.
The Car Wreck Attorneys You Can Trust
Since learning to drive, many of us have been in a few small collisions, but when we are suddenly involved in a significant collision that results in serious injury or death, we need a trustworthy and competent car accident attorney to help us through the ensuing stress. Victims of accidents may sustain physical, psychological, and financial harm.
Unfortunately, insurance firms occasionally employ dishonest and deceptive practices to make sure their customersthe culpable partiesare exempt from paying damages to the victims. Only the best personal injury lawyer can assist in easing the load brought on by such circumstances.
Jonathan Perkins Injury Lawyers specializes in all vehicle accident injury claims and lawsuits if you want an auto accident attorney in Connecticut. All consultations are confidential and free. Contact us today to start the process and get the help with your car accident settlement that you need.
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% Of This Settlement Was For Pain And Suffering
Cesar had insurance on his van with United Auto Insurance Company . In December 2019, I settled Cesars personal injury case with GEICO for $20,000. This was less than 9 months after the accident.
As you can see from the chart below, approximately 70% of the settlement was for pain and suffering damages:
About 30% of the settlement was for was for his out of pocket medical bills.
Did GEICO offer to settle for a higher amount because Cesars minivan was badly damaged?
Yes. Basically, GEICO offered him a much bigger pain and suffering payout because his minivan was badly damaged. GEICO would have made a much smaller offer if Cesars vehicle was not badly damaged.
After my attorneys fees and costs, and paying all of his medical bills, Cesar got over $7,250 in his pocket. This chart shows the breakdown:
Cesar is very happy with the settlement.
Here is a photo of Cesar and I:
Do You Know What’s Under Your Umbrella Policy
An umbrella policy provides coverage beyond the monetary limits established by traditional home and auto policies. They also cover many circumstances not included in these policies. If youve been involved in an accident, assessing the level of coverage available from the other partys insurers is important, to recover the compensation and damages you deserve.
Many people with substantial assets obtain personal umbrella policies to provide protection for these assets should they ever be involved in a lawsuit. Insurance agents can help their clients determine whether an umbrella policy is right for them.
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How Much Insurance Money Is Available
The amount of insurance money available to cover your claim will depend on which premium the at-fault driver has, and whether your claim will be against an individual or corporate entity. If your car crash was in Texas and the at-fault driver was working at the time of the accident, your claim file will need to be against their employer as opposed to them individually.
The cost to facilitate the recovery of a neck and back injury can be extremely expensive. In some cases, the at-fault drivers insurance policy will not fully cover the cost of your recovery, let alone loss of earnings and other damages. In these cases, your attorney will need to explore other options such as personal injury protection .
Unfortunately, complications such as this are very common and can be difficult to navigate. The last thing anyone needs after a serious collision is the stress and worry of medical costs and ongoing care bills. At Trevino Law Office we take care of the details so that you can fully focus on your recovery.
Types Of Neck And Back Injuries And Trauma You Can Include In Your Claim
The first step towards winning your case and reaching a back and neck injury settlement is to understand your injuries and how they will affect your life and your future.
The neck and back are parts of our body we tend to take for granteduntil they hurt. The ability to turn our heads and to lift objects depends upon the health of both the neck and the back. A traumatic event can result in serious, life-long, neck and back pain.
Traumatic events can include slip and falls, car accidents, and motorcycle crashes and can occur while working at your job, while walking through a grocery store, or while commuting to work. Here are a few examples of neck and back trauma that require medical attention.
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The Process Of Car Accident Settlements In Connecticut
Trials are a huge risk since parties dont want to spend years debating a vehicle accident claim and building a case only to lose at trial. Even while some cases do go to trial, particularly those where there are issues about which driver is at blame, virtually all cases actually settle. Settlement guarantees a settlement and saves on the legal costs that would otherwise be incurred in preparing for a court battle. Instead, a settlement brings the matter to an informed conclusion with a mutually acceptable remedy, and parties dismiss the ongoing litigation after agreeing to its terms in writing.
Although neither obligatory settlement conferences nor other alternatives to litigation are required in Connecticut, either party may submit a request to have a judge try to mediate the matter without a trial. It is usually typically the case that your accident attorney will go over settlement possibilities with you and the opposing party even without the assistance of a judge.
So what is the typical amount of compensation for a car accident? Without looking at the specifics of your vehicle accident, it is impossible to provide you with a precise estimate of the value of your case. For instance, a little collision results in less suffering, distress, and material loss than a drunk driver who murders a whole family. Settlements might differ greatly when difficult-to-prove incidents are included, such as a debate over which motorist had the red light in an intersection collision.
Do Insurance Companies Pay More For Broken Bones Than Soft Tissue Injuries
Yes, in general.
I looked at my past car accident settlements and here is what I found:
In 59% of my car accident cases that settled for $50,000 or more, my client had a broken bone.
In 41% of my car accident cases that settled for $50,000 or more, my client did not have a broken bone.
Now lets look at how surgery may affect a case.
In 75% of my car accident cases that settled for $100,000 or more, my client had surgery.
Let me give you an example from one of my cases.
In May 2019, a car hit Alice while she was walking in a supermarket parking lot in Miami, Florida.
This is the diagram from the Florida traffic crash report:
As you can see, Alice had a bruise on her face.
But that wasnt her biggest injury.
She also broke her ankle. Specifically, she fractured her distal fibula.
Fortunately, she did not need surgery. She also had bruising to her face.
After the accident, Alice wanted compensation. She searched for a Miami car accident attorney.
Alice did not want to settle her pain and suffering claim without a lawyer. She wanted to hire an attorney with many awesome car accident settlements. I gave her a free consultation. Immediately thereafter, she hired me as her attorney.
Progressive insured the driver of the car that hit Alice. Progressive made a first offer of $50,000. The adjuster then told me that he didnt have more than $75,000 to offer.
Take a look at Progressives first offer compared to their final offer.
Here is a chart that shows it:
Take a look:
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% Of A $350k Settlement Was For Pain And Suffering
Here is another claim example showing that pain and suffering is often the biggest part of a personal injury settlement.
In 2020, Sam was riding his bike in South Florida.
You can see a crash diagram below:
At the same time, Joe was in his car heading north.
Joe was turning to go Eastbound.
Sam rode his bike westbound in the crosswalk crossing.
Unfortunately, Joe accidentally hit him with his car.
As a result of the car hitting him, Sam broke 3 bones in his leg.
Two of these were the tibia and fibula.
You can see his broken fibula here:
At the hospital, a doctor drilled screws into a plate in Sams ankle.
You can see a photo that the doctor took during the surgery:
After Sam left the hospital, he searched for a South Florida lawyer who had many good settlements for serious injuries. He did not want to handle his pain and suffering settlement without a lawyer. He found me.
Sam called my office and I gave him a free consultation. Shortly after we spoke, Sam hired me.
I told Sam to take a photo of his incision after the first surgery.
This image shows the raised incision site after surgery:
Below you can see the size of the incision needed for the surgery.
GEICO insured the Joe . We found out that Joe had a $300,000 in insurance . Joe also had an umbrella policy.
Average Contingency Fees For Accident Lawyers
You might think this all sounds well and good, but youre still wondering how much lawyers charge for accident claims. The standard contingency fee for a car accident lawyer is between 33.3% to 40% of the settlement. The fee will vary depending on the lawyers specific guidelines and quality of services.
Many attorneys will use a sliding scale for their contingency fees based on when they get the case resolved. For example:
- If the case is resolved before the client needs to file a lawsuit, the fee will be closer to one-third of the settlement.
- If the client does need to file or a lawsuit or mediation or arbitration is required, the typical fee goes up to 40% to account for the additional time, money, and resources required.
According to the American Bar Association , getting more involved in your case can sometimes help reduce your overall costsbut this is something to discuss with your lawyer directly.
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How Long Does It Take To Get A Settlement For Pain And Suffering
The time that it takes to settle your pain and suffering claim depends upon several factors. First, it depends on how badly you are injured. All things equal, if youre badly injured the case will settle faster.
The second factor is amount of insurance limits available. The smaller the bodily injury liability limits, the quicker the payout for pain, suffering and other damages.
The third factor is how fast you sends your medical records and/or bills to the insurance company. The sooner that you give this info to the insurer, the faster the settlement. Again, all things equal.
Now, the bad news. There is no guarantee that youll get a settlement for your pain and suffering. Simply put, there are many factors that affect whether youll get compensation.
Factor #: The Insurance Wildcard
The value of a car accident claim depends on what type of insurance policy each driver involved in the accident has and the maximum limits of each policy. All drivers who register their vehicles in Pennsylvania are required to have minimum policies that include:
- $15,000 for the injury or death of one person in the accident
- $30,000 for the injury or death of more than one person in the accident
- $5,000 for damage to the other driver’s vehicle
Pennsylvania is one of only a few states in the nation that has a no-fault insurance system. However, unlike other statessuch as Florida and New YorkPennsylvania drivers can choose from a full tort insurance option or a limited tort policy.
Here is a look at each:
Other ways that your insurance may impact your settlement, either positively or negatively, include:
- The at-fault driver had no insurance or did not have a policy large enough to cover your injuries, and you didn’t have uninsured/ under-insured motorist coverage on your policy.
- You were uninsured or under-insured and caused the accident
- Your accident involved more than one liable party, and each has an insurance policy that you can use to recover compensation for your injuries.
- You or the driver had more than the minimum amount of insurance required, and you have medical benefits as part of your policy intended to help pay for expenses.
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What Is The Lifetime Impact Of Your Injuries
Another factor that legal professionals will consider is the lifelong impact that your injuries will have on you and your loved ones. How will your injuries affect your way of life? Can you continue to work in your chosen profession? How will your injuries affect the relationship between you and your children? These are some of the questions that the court will consider when determining your injurys lifetime impact.
Check Your Insurance Cover
Rental companies will usually ask you for your insurance card if you do not take their auto insurance coverage in order to confirm that youre covered. Talk to your insurance agent about rental coverage before renting a vehicle. Your coverage is a lot cheaper than the coverage the rental company may provide.
If you decide not to opt for rental car insurance, at least make sure your own car insurance covers rental vehicles. If it doesnt and you get into an accident, you could personally be on the hook for some major costs. Before you rent, you should speak to your auto insurance agent to determine what type of coverage you have, if any, regarding car rentals.
Depending on your existing auto insurance, you will want to choose your own auto insurance since it comes with the maximum coverage limits. Its never cheaper to take the rental companys insurance coverage unless your own policy will not protect you. For starters, if youre considering renting a car, go ahead and talk to an auto insurance agent. Ask whether its smart to purchase the insurance offered by the rental company or not.
If an accident does occur when youre driving a rental car, remember these tips:
1. Never admit fault. Ever.
2. Call the rental company as soon as possible. If you didnt purchase the rental companys insurance, call your own insurer ASAP, too.
3. Be prepared to contact a personal injury lawyer. Especially if you suffer injuries as a result of the negligence of another driver.
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How Much To Demand For Settlement In A No Injury Car Accident
So you can sue if you are not injured in a car crash. The bigger question is should you and how much money could you receive and how much of a settlement payout should you seek?
First, there is no harm in contacting the insurance company and making a settlement demand. How much do you demand when you are not injured? Well, you shouldnt demand a lot. How much you demand depends on how strong your pain and suffering case is.
I would estimate the average no medical treatment pain and suffering car accident settlement is $500. So maybe the settlement demand in the average case should be between $1,250 to $1,500.
A Phantom Vehicle Can Also Refer To A Hit And Run Driver
Sometimes a hit-and-run driver is also a phantom vehicle. Why? Because they were the cause of an accident and have disappeared after the accident. While phantom vehicles that dont hit another car could mistakenly believe they werent the cause of an accident, hit and run drivers cant make this claim. A hit-and-run driver strikes another car, knows they did it, then still chooses to leave the scene anyway.
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