Determining a Fair Settlement For Your Accident Case
Determining how much your case is worth is a little more complicated than simply looking at other cases similar to yours and following that formula. A fair settlement for your case is dependent upon multiple factors because each personal injury case truly is different. That is why it is recommended that you seek the advise of a personal injury attorney so that you can receive assistance with your claim.
In general, there are certain considerations made when it comes to determining a fair settlement in a car accident claim. The first element that you need to determine is who was responsible for the accident. It must be proven that another party was responsible for your car accident, which can be done with different types of evidence.
Evidence to prove negligence in a car accident may include:
the police report;
pictures from the accident;
and other documentation.
Deciding who is responsible for a traffic accident will depend on a number of factors. If you have been injured in an accident in and are considering filing a personal injury claim, you should speak with an attorney.
In order to hold someone liable for damages related to an accident, it will be necessary to prove that person’s fault. While in some cases it may be obvious, in other circumstances, it may be very complicated.
Typically what constitutes fault for an accident is negligence or carelessness. Even if more than one party contributed to the accident, the one who was most at fault will likely be responsible for paying some or possibly all of the damages suffered.
Liability is also based on whether the individual had a duty to make sure another party wasn’t injured. There may be circumstances in which an accident in was not preventable. It is a possibility that the driver did not follow a traffic signal or became distracted, such as changing the radio, or talking or texting on a cell phone.
An accident case has the potential to be more complicated if not only one party was at fault. If a person was injured, but was in any way responsible for the accident, their compensation will decrease based on how much they were considered to be at fault.
Another consideration that is made in determining a fair settlement for a car accident is the amount of monetary damages you sustained. Examples of these would be medical bills, property damage, wages that you did not receive due to absence from work, and other fixed expenses (bills, receipts, etc.).
You also need to take into consideration your non-economic damages such as pain and suffering and mental anguish. Your personal injury attorney can help you determine a fair amount for these subjective damages.
Since each car accident is unique, it is best to consult with a personal injury attorney who will take the time to carefully evaluate your case. A lawyer would be able to tell you whether or not your claim is valid and how much you would be able to settle for.