In the aftermath of a car accident, victims often are presented with a variety of unfortunate tasks, including recovering from physical and emotional injuries while dealing with medical expenses, vehicle repairs, insurance settlements, and potential court cases.
For many victims, a car accident settlement can be an important factor in helping them recuperate fully and navigate the difficult and complicated times ahead. Car accident settlements can come as a result of an insurance decision or a lawsuit after the accident. These settlements can reimburse the victim for a variety of damages, including:
- Emergency and ongoing medical expenses
- Property damage
- Lost wages
- Physical and psychological trauma
- Pain and suffering
- Legal fees
Every car accident case and associated settlement are different. If you have been involved in an accident, finding a local car accident injury lawyer can help streamline the settlement process and help you get a better idea of what your potential lawsuit settlement could be. There are many factors that affect how liability is proven and how compensation is determined, making finding a reputable car accident law firm an important first step to ensure that you get the compensation you deserve.
The following are factors that affect the amount the accident victim can sue for in a car accident lawsuit.
Extent of Injuries
One of the most important factors that can impact the amount of your car accident settlement is the severity of your injuries. When it comes to car accidents, victims can suffer a range of both short-term and long-term injuries.
Short-term injuries, such as broken bones and whiplash, may not impact the value of a settlement as much as long-term or permanent injuries, such as brain trauma, spinal cord injuries, full or partial paralysis, burns, and serious mental or emotional conditions resulting from the accident. This is because severe and long-term injuries result in higher emergency room costs and ongoing medical bills. They also have a greater negative impact on the victim’s quality of life.
Affect on Quality of Life and Future Earnings
In addition to the types of injuries you experienced, the extent to which those injuries impact your life following the accident also contributes to the settlement value you can potentially receive. If your injuries will negatively impact your overall quality of life in the long term, you are more likely to get a higher settlement amount.
How the accident affects your ability to earn a living is also an important factor in determining a settlement amount. If your injuries, whether emotional and/or physical, will have a lasting effect on your ability to earn money in your field, you may be entitled to compensation for lost wages. An experienced car accident injury lawyer will be well versed in proving pain and suffering, loss of income, and quality of life damages.
Proving Liability and Shared Liability
Another important factor in determining settlement amounts is liability. Liability refers to the at-fault party responsible for causing the accident and their obligation to pay damages related to the case. In states like Texas, payouts regarding car accidents are based on liability percentage. This means that if a party is found to be 100% responsible for the accident, then they are responsible for covering 100% of damages. In accidents involving more than one party, the percent of damages the at-fault parties must pay is based on their percentage of responsibility in the accident.
Liability can complicate settlement amounts, particularly in shared liability cases, because every insurance policy’s payout structure is different. By partnering with a car accident injury attorney, you can trust that the complicated issue of liability will be handled with professionalism and expertise.
Determining Settlement Amounts
When it comes to settlements, insurance companies often try to lowball victims with subpar settlement offers early on. When you partner with a car accident injury lawyer, you can protect yourself and your family by ensuring you don’t have to settle for less than you deserve.
If the parties involved in the accident cannot come to an acceptable settlement, you may have to bring a lawsuit against the at-fault party. In the event of a lawsuit, a judge will use all of the above information and other unique details to your case to decide on a settlement amount that is more sufficient for your circumstances.
The Lopez Law Group Can Help
The Lopez Law Group’s Texas car accident injury lawyers are committed to helping car accident victims and their families get the compensation they deserve. With decades of combined experience, our attorneys are adept at handling car accident cases of all kinds. We aim to make the settlement process easier by helping our clients understand the various factors that affect both compensation and the process of holding the at-fault party responsible for their actions. With our free, no-obligation consultation, we advise victims on what is in their best interest regarding their specific case.
Our Texas-based car accident law firm is proud to serve Weslaco, Mission, McAllen, Laredo, Edinburg, Corpus Christi, Brownsville, Harlingen, Houston, Tyler, Spring, and other locations throughout the state. Contact us online or call (956) 968-7800 to schedule your free case consultation.