Understanding what to expect from a car accident settlement can provide clarity and direction as you deal with the aftermath of an accident. Typically, a settlement is fair and reasonable if it compensates the claimant for all of his/her damages. Damages can either be economic or non-economic. Economic damages compensate for calculable losses such as lost wages, or outstanding medical bills. Non-economic damages compensate for intangible losses, such as pain and suffering, emotional distress, and the loss of enjoyment of life. For a car accident, a claimant typically must prove the existence of a permanent injury, permanent loss of a bodily function, significant scarring or disfigurement, or death.
First, finding the correlating insurance coverage for your claim is paramount to any reasonable settlement. The key is locating bodily injury insurance (BI) for all liable parties, and/or uninsured motorist coverage (UM) for the claimant. The car accident attorneys at Cindy Goldstein Law, will diligently do a detailed coverage investigation which is often the ceiling to the damages you can recover in your car accident case.
Second, you have the burden of proving liability, meaning, that the adverse driver was the proximate cause of the crash. Florida's HB 837 is a tort reform law (2023) significantly altered liability rules by modifying comparative negligence rules so a plaintiff more than 50% at fault can no longer recover damages. Hence if you are more than 50% at fault for the crash, you are no longer entitled to a settlement or judgment.
You have a much better chance of obtaining a favorable result in your case when you hire an experienced Coral Springs car accident lawyer to represent you in the legal process. If you do not, the insurance company can take advantage of you in settlement negotiations.
Key Takeaways About Car Accidents
- Your car accident settlement depends both on the nature and extent of your injuries and the amount of insurance coverage that is available to pay for your damages.
- You may be able to collect both economic and non–economic damages if you can prove that someone else was at fault for the crash, and you have sustained permanent injuries.
- You have the legal obligation to prove your damages, whether you are dealing with an insurance company or you take your case to court.
- Insurance companies want to do everything in their power to pay as little as possible, so you must be careful of their negotiating tactics.
- While a settlement is the most likely outcome in your case, there is no guarantee of any specific outcome. You may have to take your case to trial if you cannot reach a settlement with the insurance company.
- You should schedule a free initial consultation with a car accident attorney to learn more about how much you can expect to receive in a settlement.
Insurance companies do not automatically offer you full value of your claim if you have suffered an injury in a car accident caused by their policyholder. Generally speaking, insurance companies determine your car accident compensation depending on how badly you have suffered an injury, how well you can prove your damages, and how much money is available to pay for your injuries. Your car accident lawyer can review the facts of your case to determine how much you may be due and then formulate a legal strategy to receive top compensation.
Economic Damages in a Car Accident Case
Understanding economic damages is crucial when seeking compensation after a car accident. Economic damages in a car accident case are the financial losses a victim incurs as a direct result of the accident. These damages are typically quantifiable, and individuals can document them with bills, receipts, and other relevant records. They should compensate the victim for actual monetary harm caused by the crash.
Common economic damages can include the following:
- Medical Expenses: Includes hospital bills, doctor visits, surgery costs, medication, physical therapy, and ongoing treatment for injuries. You may also receive future medical costs if the injury requires long-term care.
- Lost Earnings and Income: Compensation for time missed from work due to the accident, and you can also cover reduced earning capacity if the injury prevents the victim from returning to the same job or career.
- Property Damage: Costs to repair or replace a vehicle damaged in the accident, and may also include other personal property, like personal belongings inside the car.
- Other Out-of-Pocket Expenses: Transportation to medical appointments, home modifications, or hiring help for household tasks.
Even though you may think that economic damages are easier to agree on with the insurance company because they are tangible in nature, it may still be challenging to reach an agreement since insurance companies routinely challenge the necessity of medical care. For example, the insurance company may have a different view of whether a surgical procedure was medically necessary or challenge the cost of such treatment. Moreover, an insurance company may also challenge your earnings capacity in the future or how much work missed because of your injuries.
Non-Economic Damages in a Car Accident Case
Non-economic damages in a car accident case compensate a victim for losses that are difficult to quantify with exact monetary value. Unlike economic damages, which cover tangible costs such as medical bills or lost earnings, non-economic damages address the emotional, physical, and psychological impacts of an accident.
Common non-economic damages include the following:
- Pain and Suffering: Compensation for physical pain caused by injuries that provides for both immediate pain after the accident and ongoing discomfort during recovery.
- Emotional Distress: Covers anxiety, depression, sleep disturbances, or post-traumatic stress resulting from the accident.
- Loss of Enjoyment of Life: Accounts for limitations on activities, hobbies, or daily routines that the victim can no longer enjoy.
- Loss of Consortium: Compensation for the negative impact on relationships with a spouse or family members, including loss of companionship or intimacy.
- Disfigurement or Permanent Disability: Damages for scars, amputations, or permanent limitations that affect the victim’s quality of life.
Non-economic damages are subjective and if headed to trial, often require testimony from the victim, family members, and medical or psychological experts to demonstrate the impact of the injuries. Insurance companies may undervalue these damages, which is why legal representation is critical.
An experienced car accident attorney can help calculate a fair value for non-economic damages, ensuring that victims receive compensation not only for financial losses but also for the profound personal and emotional effects of the accident.
How a Car Accident Attorney Helps Me Learn the Value of My Case
A car accident lawyer can be invaluable in helping you understand the actual value of your case. After a collision, it can be challenging to determine the value of your claim, particularly when considering both tangible losses, such as medical bills and property damage, and intangible ones, including pain and suffering, emotional distress, and other non-monetary damages. Insurance companies often undervalue claims, hoping that claimants will accept less than they deserve. A skilled car accident attorney ensures that you fully understand your potential compensation.
In assessing the value of your case, your lawyer reviews the details of your accident including police reports, repair estimates, medical records, and any lost earnings. They assess the severity and long-term impact of your injuries, considering future medical treatment, rehabilitation, and possible reduction in earning capacity. In cases where you have suffered a severe injury, your car accident attorney may work with expert witnesses to establish various aspects and elements of your damages. This comprehensive evaluation helps establish a realistic and fair estimate of your damages.
What Are the Consequences of Not Knowing the Value of My Car Accident Case?
Not knowing the value of your case after a car accident can have serious consequences. One of the most immediate risks is accepting a low settlement from the insurance company. Adjusters know how to take advantage of claimants who are unsure of what their claim is truly worth, often offering amounts that cover only a fraction of the actual damages. Often, the insurance company will appear kind and generous immediately after your crash, noting that you may need some medical care, and offering you a low ball settlement to pay for that treatment. Accepting such a small offer can leave you responsible for ongoing medical bills, lost earnings, and other expenses that exceed the settlement. In order to accept that, you will have to sign a Release, which means the offer to settle is full and final. Once you have accepted the money from the insurance company, you cannot go back and ask for more if you did not receive enough in the initial settlement.
Without experience in personal injury and a clear understanding of your case’s value, you may fail negotiate compensation that reflects the full extent of your injuries, property damage, and emotional suffering. This uncertainty can also make it difficult to determine whether a settlement offer is fair or whether pursuing litigation is necessary.
Additionally, not knowing the value of your case can impact your long-term financial security. Some injuries may require future treatment or result in permanent limitations, and a low settlement may not account for these ongoing costs.
The Insurance Company Does Not Unilaterally Determine the Value of Your Case
After a car or truck accident, it is essential to understand that the insurance company does not get to dictate the value of your case. Insurance adjusters are negotiators whose primary goal is to protect their company’s bottom line. Their first settlement offer is almost always lower than the claim is truly worth, and they often pressure victims to accept quickly, especially if they are facing medical bills, lost income, or other financial stress.
The full extent of your damages, including medical expenses, lost earnings, property damage, pain and suffering, emotional distress, and any long-term effects of your injuries, determines the value of your case. Insurance adjusters may try to downplay the severity of your injuries, dispute liability, or minimize future expenses, but their assessment is not legally binding. Accepting their lowball offer can leave you with insufficient funds for ongoing costs that may persist long after finalizing the settlement.
You have the right to dispute their offer and negotiate. An experienced personal injury attorney can evaluate your case, gather documentation, and calculate a fair settlement that fully reflects your losses. Attorneys can also communicate with the insurer on your behalf, counter low offers, and, if necessary, take the case to court to pursue maximum compensation.
Ultimately, the insurance company’s goal is to minimize payment, not ensure fairness. By asserting your rights and seeking professional guidance, you retain control over your claim and make sure that the settlement reflects the true value of your injuries and damages.
Your Car Accident Lawyer Works to Maximize Your Compensation
After a car accident, negotiating with the insurance company can be overwhelming and confusing. Insurance adjusters want to minimize payouts, often offering settlements that fall far below the actual value of your claim. A skilled Coral Springs personal injury lawyer is crucial in negotiating your compensation and seeking fair reimbursement for both economic and non-economic losses.
A lawyer begins by thoroughly evaluating your case, reviewing medical records, repair estimates, lost earnings, and other documentation to calculate your actual damages. They also consider the long-term effects of your injuries, including future medical treatment, ongoing rehabilitation, and potential limitations in your ability to work or enjoy daily activities. By understanding the full scope of your losses, your attorney can determine the fair value of your claim before engaging with the insurance company.
Once they determine your case value, your lawyer communicates directly with the insurer, presenting evidence and making a well-supported counteroffer when initial settlement proposals are too low. They handle all negotiations professionally, addressing the insurer’s tactics and ensuring that no statement or action inadvertently reduces your claim.
In complex or contested cases, a car accident attorney can escalate negotiations, involve experts, and, if necessary, file a lawsuit to pursue the recovery you deserve. By having an attorney negotiate on your behalf, you increase the likelihood of receiving compensation that truly reflects your financial losses, medical expenses, and the emotional and physical impact of the accident. Call an attorney at Cindy Goldstein Law at (954) 346-5420 to ensure you receive the money you deserve.
Frequently Asked Questions About Car Accidents
What if the insurance company will not pay me what I deserve?
If the insurance company is low balling you, call Cindy Goldstein Law. If the insurance company still persists in undervaluing your case, you have the legal option of filing a lawsuit against all applicable defendants.
Should I take the first settlement offer?
You should rarely accept the initial settlement offer because it is often for less than the full value of your case. Most claimants do not even know or understand what the adverse driver’s bodily injury policy limits are when they settle with the insurance company before consulting with an attorney. An experienced personal injury attorney will offer insights into what a reasonable settlement looks like for your unique situation, leaving you with greater peace of mind.
Why should I not represent myself in a car accident case?
Clients who are represented by a car accident attorney almost universally do better financially, even after they pay a portion of their recovery to the lawyer. Car accident lawyers work on a contingency basis, meaning they only get paid if you win your case.