When you get hurt because of another person’s carelessness, you would expect them to pay you for the injuries you sustained. In most cases, it is the faulty party’s insurance company that will pay you.
But what’s your claim worth? How do you get the compensation? Some people go through insurance adjusters to determine for them what we refer to as fair compensation. This is however not the best option because insurance adjusters usually protect the interests of the insurance companies.
If you’ve suffered car accident injuries, there are various types of damages that you may claim. These factors affect your car accident compensation.
The Extent of Your Bodily and General Injury
To figure out the values of your injury claims, your special damages or hard costs must be added to the general damages you suffered as a result of the accident.
The “specials” or special damages include lost income, cost replacement services, your expenses, and treatment.
It is easy to add special damages if you have the receipts and bills. Just remember to add even the costs that were covered by your own health insurer. The challenge comes in figuring out the level of emotional distress, suffering, and pain you experienced as a result of the injury. But if you have some evidence, your work will be easier.
Medical Costs Must Be Reasonable and Necessary
The amount you present as your claim must be reasonable. The claims adjusters usually don’t just agree with everything presented to them. It is their duty to find out the claims are “necessary and reasonable.” This protects the insurance company from paying out fraudulent claims.
The adjusters already know the types of injuries that are associated with car accidents and the expected costs for treatments. Additionally, the claims will also get assessed by doctors who have experience in the treatment of car accident victims. You risk losing your compensation if you involve yourself in any fraudulent activity.
The Venue of the Accident
The venue is the place where you got involved in the accident and it is usually important in determining the amount you can receive as compensation. This is also the same place where your case will go on trial in case you decide to go to court.
Some sections favor the injured party and in such a case, the adjuster may opt to pay a larger amount to prevent the case from going to court. Let your attorney advise you on whether to accept the out-of-court settlement or to file a lawsuit.
Liability Affects Car Accident Compensation
Liability here means the person responsible for the accident. If you are the one who is liable, the case will be between you and your insurance company. But if somebody else caused your injury, you will have to deal with their insurance company. In this case, you will have to prove that the person is liable. If you are unable to prove it, you will not get any compensation.
You have to prove to the other insurance company that their insured client caused your injury. This might have been through negligence, did something wrong, or had the responsibility of ensuring you’re not injured.
Refuse Shared Liability
Shared liability means both you and the other person were responsible for the accident. The adjusters will try by all means to show that you are the one to blame for the accident. In case they succeed in doing so, the amount you can receive will get reduced or your claim can get rejected.
Try as much as possible to deny that you also had a role in the accident. There are two separate rules that govern this depending on which state you are coming from; the Contributory Fault Rules and the Comparative Fault Rules.
Contributory Fault and Comparative Fault
Contributory fault means you share some responsibility in your injuries. If that is the case, and even if you contributed to only one percent of the blame, the insurance company will use the contribution negligence clause to turn down your claim. This rule is only applicable in some states.
Some states use the pure comparative fault rules. If you are from such a state, you can seek and get compensation even in the case of shared liability. If you are not sure what rules are applicable in your state, you can discuss more about your case with your attorney.
Strong Evidence Is Good for Your Claim
After an accident, you need to collect as much evidence as possible because the amount you can claim will depend on this evidence.
The evidence should focus on the scope of your suffering and pain and how severe the injuries were. It should also point to the fact that the insured party had a direct cause in your losses and damages.
The evidence will include notes about your injuries and recovery, wage statements, witness statements, police reports, videos and photographs, and your medical bills and records.
Multiple Victim Accidents Can Affect Your Car Accident Compensation Claim
When you got in an accident involving many vehicles and where some other people were also injured, it may be difficult to determine who is responsible for your injuries and the amount you will receive as compensation.
Even if your cost of treatment is reasonable and the injuries real, the amount you can receive will get limited by the policy limits of the insurance company of the driver who is at fault. The amount awarded in such cases gets shared among all those who got injured and the amount you will receive will depend on how your attorney argues your case.
Use an Experienced Lawyer to Make Your Car Accident Compensation Claim
Car accident compensation claims require the services of highly qualified and experienced attorneys. As can be seen, when you get involved in an accident, your attorney will have a bigger role to play in determining the amount you will receive in the form of compensation.
Commercial vehicle policies can have million-dollar limits but the amount you will receive will be limited by the extent of your injury, whether it is mild, severe, or very severe.
If you want to learn more about lawyer services, be sure to explore our website.