Thursday, February 22, 2024

Car Accident Personal Injury Claim

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Protect Your Rights With An Experienced Attorney

How to Win a Personal Injury Claim After a Car Accident (Ep.2)

If you’ve been injured in an accident, you’ll need full and fair compensation to rebuild your life. That’s why it’s so important to get a free consultation with an experienced lawyer. We can break down your legal options and help you identify the best course of action to get the compensation you need. Call 866-703-7575 and find out how we can help you.

Factors To Consider Before Agreeing To A Car Accident Insurance Settlement In Massachusetts

Personal injury trials are lengthy and expensive for all parties involved. Insurance companies are looking to limit their liability after an accident. If their policyholder was negligent or otherwise caused the crash and your injuries, a fast settlement could substantially lower their costs. When an accident victim is facing mounting medical bills while missing weeks or months of work, an insurance check could appear to be a much-needed windfall. However, once accepting a settlement, the insurance company and the at-fault driver are released from further liability. This means that if your injuries are more serious than your first thought or you are out of work longer than anticipated, you are not permitted to file an additional claim.

$57k Car Accident Injury Settlement

An on-duty police officer was stopped in traffic, when another car rear ended him. The crash happened in Medley, Florida .

The driver who caused the accident received a ticket for following too closely. State Farm insured the careless driver.

State Farm Insurance paid us the careless drivers $10,000 BI limits.

The officer said that the wreck caused or aggravated his bulging disc.

A doctor gave him epidural steroid injections to his lower back. The cop was a candidate for lower back surgery . He did not have surgery.

Travelers Insurance insured the police officers personal car. However, he wasnt using his personal car when the car hit him.

Workers compensation for the police department paid over $17,000 in indemnity and medical benefits.

I settled the UIM case with Travelers for $47,000. Thus, State Farm and Travelers paid a combined $57,000 for the personal injury case.

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Dealing With The Insurance Adjuster

Watch what you say. The adjuster will try to pressure you into giving a recorded statement. Its not necessary for you to give one, and if youre not careful, you may say something that weakens your claim.

Take it easy. Theres no need to begin negotiating a settlement amount while youre still receiving treatment. Dont let the claims adjuster talk you into accepting a low settlement offer.

Protect your privacy. You dont have to sign the medical release written by the insurance company. You can provide a release that limits the insurance company to specific medical records after the accident date. The adjuster will need proof of your injuries and medical expenses but is not entitled to see your private medical history unrelated to the accident.

Dont sign away your rights. Once you sign a settlement agreement and release, you begin the settlement check process. At that point, you give up any right to pursue compensation from the insurance company or the at-fault driver, even if your injuries worsen in the future.

If you have any doubts about the terms of a proposed settlement, seek legal advice from a personal injury attorney before you agree to anything final.

$75k Car Accident Injury Settlement

Personal Injury Claim Questionnaire

Woman had arthroscopic knee surgery and a bulging disc as a result of a car making a left hand turn in front of her in Miami near Coconut Grove, Florida.

Progressive was the bodily injury liability insurer for the other car. The other car was cited for failing to yield the right of way.

Allstate was the underinsured motorist auto insurer. Progressive paid $50,000 and Allstate paid $25,000. You can read more about this $75,000 settlement for knee surgery and bulging disc from a car accident in Miami.

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What Is A Partly At Fault Accident

A partly at fault accident may also be referred to as a 50/50 accident or a 50/50 split liability. In cases such as this, there can be several complications arising because the fault may not be clear from the onset. Taking into account that there are many road traffic accidents or road collisions where it is clear to see where the fault lies, even in accidental cases, it may be harder to establish joint liability for an accident.

In cases with an equal divide of liability, the blame is mostly shared after due investigations have been conducted into the incident. A complete investigation of the incident may be able to reveal that both drivers or more are responsible for the blame. After establishing a joint fault for the incident, each party will take a 50% share of the blame in the event of two vehicles, and both parties can go ahead to file personal injury claims if they have been injured as a result of the incident.

Medical Treatment Is Essential

Never refuse medical treatment at the scene of the accident. This isnt the time to be tough. Tell emergency responders about any symptoms you have, no matter how mild. Not all car accident injuries are obvious. Pain from injuries like whiplash or head trauma may be masked by the adrenaline rush from the shock of the accident.

If paramedics want to transport you to the hospital, go with them. The EMS report will include a description of your injuries and the medical care they gave at the scene.

If you arent transported to the hospital from the accident scene, see your primary care physician. If your doctor isnt available, go to the hospital emergency room or urgent care center. Tell your treatment provider you were injured in a car accident.

Refusing or delaying medical attention will seriously weaken your claim. The insurance company will not hesitate to deny your claim, arguing that your injuries werent caused by the collision.

Dont seek treatment from doctors or clinics that advertise to accident victims. They often run up large medical and therapy bills, beyond what is reasonable for a patients treatment. You could be on the hook for what the adjuster wont pay.

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Do Insurance Companies Pay More For Pain And Suffering If An Ambulance Transports You To The Hospital

All things equal, yes. For example, just take a look at Ubers accident details form. Third parties can can complete this form to notify Uber of an accident.

The top of the form looks like this:

Further below, the form asks:

Was anyone transported by ambulance?

Check it out:

Uber is asking this question so that it can assign the case to the proper insurance adjuster. Higher level adjusters are assigned to claims that have a bigger pain and suffering value. Insurance companies also need to set aside the proper settlement reserve to pay your accident claim.

And cases where you take an ambulance to the hospital are worth more than those where you dont. If you take an ambulance to the hospital, the responsible insurance company will likely assign more money for your pain and suffering claim. In addition, your medical bill charges will be higher. Bigger medical bills will often lead to a larger payout.

That said, just because you took an ambulance to the hospital after the accident, it does not mean that you have a great case. If you have minor injuries and dont get much follow up treatment, your accident case may not be worth much.

Also, maybe you were 100% at fault for the causing the accident. In that instance, you are not entitled to compensation for pain and suffering.

What Is The Damage Formula And How Does It Work

What Is My Personal Injury Car Accident Claim Worth? | Geico Car Accident Settlement Value

When negotiating a claim, the at-fault partys insurance adjuster will determine the sum of all medical expenses resulting from the accident, which are known as medical special damages, or special damages. To determine the settlement offer amount for pain and suffering, emotional damages, and permanent disabilities , the adjuster will multiply the amount of special damages by roughly one and a half to three in situations where the injuries are minor. When the injuries are more severe and painful, the adjuster will multiply the amount by five or more in addition to lost income. In most settlements, that total becomes the starting point for negotiations.

Once the starting point for negotiations is established, additional facts about the accident and the injuries it caused will be revealed that will change the settlement amount. Since the multiplier can range from one and a half to five, there is a wide value range that can result from the damage formula.

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Should I Hire A Law Firm With Significant Resources To Represent Me

Absolutely. Its important to have a legal team behind you that has the resources necessary to win. Many car accident claims involve fighting large insurance corporations. These companies typically have the resources needed to lengthen any resulting legal proceedings.

When an unscrupulous insurance company knows that they dont have a strong case, they may try to wait out the claimant. When the victim is represented by a small or under-resourced tort law firm, they may be unable to pursue the case as long as necessary.

This tactic allows negligent or uncooperative parties to avoid their financial responsibilities. Having a well-resourced firm on your side will give you the highest likelihood of a positive outcome in your case. If your lawyer or firm doesnt have the resources necessary, you may not be able to recover the full amount of damages that you have coming to you. Dont let this happen to you.

Witnesses May Affect The Settlement Value

The claimants witnesses may be a big factor in how much compensation is awarded for pain and suffering. Sometimes the insurance company will speak to witnesses before a lawsuit. The adjuster will decide whether he thinks the witness is honest and credible.

The witnesses can describe whether they saw the claimant in pain after the accident. When I ask a witness to sign an affidavit, I ask them to describe the claimants pain.

If a witness affidavit says that the claimant appeared to be in a lot of pain at the accident scene, it can help increase the value of the case.

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Are There Any Time Limits To Make A Personal Injury Claim

Yes, there are statutes of limitations when it comes to filing personal injury claims. Here are some of the time frames that you must adhere to:

  • Accident benefits:
  • If you were involved in an accident, you have 7 DAYS to notify your insurance company.
  • You have 30 DAYS to complete your application for Statutory Accident Benefits with your insurance company.
  • Claim against the at-fault driver:
  • Notify the defendants of your intention to sue within 120 DAYS. If it involves the municipality, you must notify them within 10 DAYS.
  • As the plaintiff, you must start your lawsuit against the defendants within 2 YEARS.
  • Other time frames to adhere to:
  • 10 DAYS to notify the municipality of your plan to make a claim for any injuries or accidents incurred on municipal property.
  • 60 DAYS to notify the province of your plan to make a claim against the provincial government
  • 1 YEAR to file a claim from your insurance company over property damage

At Bergel Magence LLP, we will take the necessary steps to quickly file all your legal notices and claims and kickstart your claim process.

What Is The Typical Payout For A Shoulder Injury

personal injury in car accident claim landing page design

Here are some examples of full values for pain and suffering settlements ranges for shoulder injuries. Again, they are for Florida cases. They are just for the pain and suffering part of the case. Keep in mind that values greatly differ by county.

  • Torn Meniscus: $20,000 to $30,000
  • Meniscus : $40,000 to $80,000. May Be Worth Much More if a Surgery on the Medial Meniscus.

Here are some other pain and suffering settlement values for knee injuries:

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Can I Be Awarded Compensation For Pain And Suffering If The Car Accident Was Minor

The short answer here is yes. It might not always be as easy to establish or prove the extent of your pain and suffering if the accident was seemingly minor . But beyond categorization of the accident itself, even if your car accident injuries are considered “minor,” there will almost always be a “pain and suffering” component of any car accident settlement offer you receive.

So for example, if you suffered a mild knee sprain in the accident, only incurred $750 in medical bills, missed no time at work, and made a full recovery in two weeks, the car insurance adjuster might offer you an injury settlement of $2,000, which could include:

  • $750 to cover your medical bills , and
  • $1,250 to cover your pain and suffering .

Why Hire A Lawyer To Determine What A Car Accident Is Worth

As we covered in our section on the benefits of hiring a personal injury lawyer, such attorneys are specifically trained to calculate the maximum value of your claim using their professional experience and knowledge. Simply put, when hiring a car accident attorney, you are taking a great deal of the guesswork out of figuring out how much your claim is worth.

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$130k Car Accident Injury Settlement

A passenger was in a car that was hit by a uninsured driver in Bonifay, Holmes County, Florida.

Check out the damage to the car that she was in:

Shortly after the accident, she hired me as her lawyer. She injured her shoulder and had rotator cuff surgery. She also had a manipulation under anesthesia.

I made a claim against uninsured motorist insurance with Nationwide. I settled her uninsured motorist bodily injury claim with Nationwide for $130,000 without a car accident lawsuit.

$33k Car Accident Injury Settlement

How Much Is My Car Accident Injury Claim Worth?

On July 30, 2018, Shankeva was a passenger in her boyfriends car.

They were stopped at a red light in Holly Hill, Florida.

In the diagram below, Shankeva was in V3.

Terry was driving vehicle 1. Terry crashed head on into vehicle 2. Vehicle 2 then hit Vehicle 3.

Paramedics arrived at the scene.

You can see them taking Shankeva out of the car.

Below, is a photo showing the damage to the car within which Shankeva was a passenger.

The front of the car was wrecked.

You can see this was a heavy impact accident.

Here is a photo of Shankeva on a stretcher:

An ambulance took her to the hospital.

At the hospital, doctors took x-rays, a CT scan and a MRI of her hip.

The x-ray showed an acetabular fracture. Here is what the acetabulum looks like:

Since she had this fracture, they had her stay at the hospital.

They gave her a room.

While at the hospital, someone took a photo of her:

After she was released from the hospital, she had to use a walker to get around.

Here is a photo of Shankeva using a walker:

Ultimately, she made a great physical recovery. She was able to walk without needing any devices.

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$350k Car Accident Settlement In 2021

In 2020, Sam was riding his bike in South Florida.

At the same time, Joe was in his car heading north.

Joe was turning to go Eastbound.

While Sam rode his bike westbound in the crosswalk crossing, Joe accidentally hit him with his car.

You can see a crash diagram below:

As a result of the car hitting him, Sam broke 3 bones in his ankle.

You can see one of his broken lower leg bones here:

At the hospital, a doctor drilled screws into a plate in Sams leg.

You can see a photo that the doctor took during the surgery:

After he left the hospital, Sam searched for a South Florida lawyer who had settled many car accident cases. He found me. Sam called my office and I gave him a free consultation. Shortly after we spoke, Sam hired me.

GEICO insured the driver of the car that hit Sam. Due to pain and swelling in his ankle, the doctor removed the plate and screws.

Sam had Medicaid, a Medicaid HMO and another temporary assistance program. They paid under $6,400 to the hospital and his doctors. And the hospitals and doctors adjusted the bills to zero. In other words, Sam did not owe the hospital or doctors any money.

The cars insurance company offered $100,000 to settle Sams car accident injury claim. The defense lawyer said that the offer was fair. We told Sam to reject it.

We then battled with GEICO for four months.

In 2021, GEICO paid us $350,000 to settle Sams personal injury claim.

This chart shows a comparison between the first offer and the settlement.

Take a look:

$50k Settlement For Motorcycle Rider Hit By Car

Pat was riding his motorcycle heading north in a parking lot. The parking lot was located in Land O Lakes, Florida. Land O Lakes is in Pasco County, Florida.

Roy was driving a car heading west in the same parking lot. He turned left into Pats direct path. To avoid the collision, Pat laid his bike down on its left side.

Here is the actual diagram from the crash report:

Before the Florida Highway Patrol Trooper arrived on the scene, the vehicles were moved.

If you have the opportunity, take photos of the motorcycles location after the accident. In addition, take photos of the other vehicle as well. This can defeat the other drivers argument about how the accident happened.

The trooper didnt give anyone a ticket for causing the accident. His reasoning was because the crash occurred in a private parking lot. Additionally, the trooper said that there were no official traffic control signs.

An ambulance took Pat from the accident scene to the hospital.

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