How is a personal injury settlement calculated?
If you’ve been injured in an accident, you might be wondering how much money your case is…
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Driving a car is a dangerous activity. Traffic is an ongoing ordeal, and car accidents are common. According to the National Highway Traffic Safety Administration, there were more than 5 million car accidents in 2016. Fortunately, most of these vehicle collisions involve only moderate damage and no serious injuries. However, it’s important to know your legal rights and what to do if you’re involved in a traffic collision or when to hire a lawyer—even if the damage to you or your car is minor. Further, you need to know when to file an auto insurance claim, how to collect the police report, canvas your vehicle for damages, collect evidence, etc.
The first step is to make sure that everyone is okay. Exit your car slowly and be aware of traffic, especially if you’re at an intersection (or multiple intersections). If anyone is injured, call 911 immediately. If you are not injured but the other party appears to be, or if they have been driving their car erratically or dangerously before the incident (for example, they were driving their car on a sidewalk), call 911 from your cell phone. If you don’t have a cell phone, try to find someone else nearby who does and ask them to call for an ambulance for you. While police will be able to give basic medical attention if necessary, they are not trained in first aid. Ambulances take injured people directly to hospitals where they can receive proper treatment and care as well as file their claims.
If you are in a traffic collision, it is important to take photos of your car and the following items:
There are multiple benefits to collecting this evidence: showing damage to you or your vehicle can be a key piece of evidence in supporting your claim. If you can illustrate significant damage to you or your car, you can better prove if the liable party was driving in a dangerous manner. They say a picture is worth a thousand words, but it can be worth much more than that to your claim.
Traffic accidents often result in several injured parties. It is necessary to consult with each one and collect everyone’s personal and car insurance information, along with an account of what happened. Since vehicle accidents can have different vantage points, multiple testimonies may need to be combined to create a clear picture of what happened. What did each person see from the vantage point of their car? This will also be necessary to prove who’s liable and collect proper compensation from the guilty party’s insurance.
Before contacting a lawyer, consult all witnesses (other than the at-fault driver) at the scene of the vehicle collision:
Also, make sure that witnesses know not to speak with the other driver’s auto insurance unless you or your lawyer permit them. If a witness does speak with the other driver’s insurance without your permission and you later need their testimony in court, there’s no way for the judge or jury to know whether or not it was accurate. This may in turn prevent a proper settlement from being reached with the guilty party and their insurance.
If you can’t get everyone’s contact information immediately after the collision because someone left before you could get their auto insurance info, ask them if they remember anything else about what happened or where everyone’s car was located when it occurred so that when you do reach out later on, your message won’t seem like an ambush.
Injury claims don’t work effectively if the claimant takes too long to file a claim. In the event of a vehicle collision, it’s vital to deliver the news and get these claims processed as soon as possible. In order to cover your recovery or repairs to your car, your insurance (or the liable party’s insurance) will be needed. Our next step is to contact your sponsored insurance provider. If you have insurance, this is the time to call them rather than taking out loans to repair your car and yourself. Accidents are messy enough without you needing to cover the expenses.
Tell your insurance agent what happened and provide as much information as you can: the names and phone numbers of those involved, a description of what occurred (the traffic collision itself), where it occurred (street name and traffic), when it occurred (date and time), etc. The more information you give them now, the faster they can process your claim. This means quicker repairs to your car and quicker recovery from your injuries.
If possible, provide them with a police report number if there was one written up (these are always written following car crashes or traffic reports). Or, tell them how they can obtain one from their local police department. This will come in handy later on when providing proof that a vehicle collision took place and just how serious it was.
This way, you take your stance to file an insurance claim and seek maximum compensation from the at-fault party (if someone else caused the damages). This will be necessary, especially if you need to recover lost wages or medical bills. Furthermore, you’ll need compensation if your car was damaged and needs repairs, especially if your car insurance won’t cover it.
Following an auto collision, don’t talk to the other driver’s auto insurance until you talk to a lawyer. Don’t answer any questions, sign anything, give any information, or make any statements until you speak with an attorney—even if they tell you that what you say might be used against them. Speaking now could negatively affect your claim and overall settlement.
If the other driver doesn’t want you to call 911, they’re probably trying to cover something up—like that they were driving their vehicle while intoxicated or texting while driving (both of which are illegal). If this happens, don’t let them bully you into not reporting it; just tell them that if they refuse, then it will be harder for them later on when it comes time for court proceedings. Red flags like these indicate a dire need for an attorney, as the other party may begin to act out of desperation.
Don’t agree to anything until you have an attorney with whom you have discussed your case. Most personal injury claims resulting from car crashes end up being settled early because the plaintiffs feel pressured into doing so by the other driver’s insurance. Remember that this is not an offer of help and compassion; it’s an attempt at manipulation to get rid of your claim as quickly as possible and minimize their financial responsibility for causing your injuries. If something sounds too good to be true—like an offer from someone saying, “I want us both to just put this behind us” or “I’ll cover all of your medical bills and the damage to your car” or “I’ll buy you a new car”—it probably is!
Make sure that all professionals involved in treating or assessing your injuries are fully disclosed (namely, doctors) before accepting treatment from them; otherwise, those same professionals could become witnesses who may testify against you later on down the road when it comes time for court proceedings.
Aside from damage to your car, you may have injuries to treat and report. If you think you may have injured your back, neck, or shoulders in an auto collision, it’s important to visit a doctor as soon as possible. You can go to the hospital or a health clinic right away. If you have private insurance, call them and tell them about your injury right away so that your company can cover any costs that are not covered by Medicare/Medicaid. Regardless of whether you have insurance, it’s good business to factor these expenses and rates into your overall settlement claim.
You should also see a doctor if you have any pain in your back, neck, or shoulders following a vehicle collision, even if it doesn’t seem serious at first glance. Back injuries don’t always show up right away and may become worse over time if left untreated. This is also a prime moment to introduce an attorney, as injuries and statements can be properly recorded for an appropriate settlement later.
After assessing the damages to you and your car, the next thing to do is file a police report. Filing this after an auto accident will help you keep track of what happened and can serve as evidence if there’s ever any dispute about who caused the crash. They have a better eye on car accidents, as they can access nearby witnesses, traffic cameras, etc. They can see where each car was located prior to the collision and may be able to see which car was driving negligently. Evidence like this can undermine our injury claims surrounding car crashes. At this point, an accident attorney may be needed. You’ll also need to file a police report to get your medical care covered and to get your car repaired or replaced. All of this is vital to receiving a proper settlement.
If you are in a car accident, it’s important to understand all of your rights and options. Having an accident lawyer on your side can help you recover the compensation that you deserve if someone else was at fault for causing the wreck and their insurance coverage is denying or delaying payment for medical bills, lost wages, car repairs, and other damages.
An accident attorney will be able to explain how personal injury claims work in California so that you can decide whether hiring one would be worth it based on their past performance with similar cases like yours. They may also know local laws in Los Angeles that could affect what kind of compensation they might seek from the other driver’s insurance if they’re found liable for causing the crash (or even if they weren’t).
Once a case has been won by an attorney through settlement negotiations with an insurance company or a jury verdict award after trial, there are few risks involved because accident lawyers typically only charge fees if they win—not before then! This is known as a contingency fee basis and is how many trial lawyers can be accessed by those seeking more compensation. It’s a necessary part of the attorney-client relationship to be available to anyone in need. In an auto accident case or wrongful death case, personal injury lawyers will also offer a free case consultation as well as a free case evaluation. This helps everyday people hurt in auto accidents recover medical expenses, lost wages, and their livelihoods with the claims.
When you are in a car accident, it is important to stay calm and not panic. Your priority should be getting yourself and any other people involved out of harm’s way as quickly as possible. If there are injuries that need immediate attention, call 911. After the situation has been stabilized by emergency responders, you’ll want to contact your insurance company so you can start an insurance claim and they can start gathering information about what happened, followed by an attorney.
Next, hire an experienced lawyer on your behalf with an excellent track record regarding car accidents as well as a state bar certification. A knowledgeable car accident lawyer can make all the difference in a personal injury case. Your attorney should not only have experience recovering fair settlements but should also offer a free consultation as well as a free case evaluation. You shouldn’t have to cover anything upfront.
Take pictures of all damages before anything gets cleaned up (including blood!) so that your insurance company can assess how much money they’ll compensate you later on down the line when everything settles down again! You and your attorney will be happy to have this evidence later.
If you or a loved one have been injured in an auto accident in Los Angeles or southern California, our team of car accident lawyers will fight for you! Contact us now for a free consultation, and remember, you pay nothing unless we win!
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