Everyone knows a car accident is expensive—especially if you’ve been injured. If you’ve had a fender bender, you’ll need to pay to repair your car. If you’ve had a serious accident and went to the hospital, you’ll have medical bills and may even have to miss work. In addition to car repair costs and medical bills, car accidents make life stressful. At Personal Injury Law, we want to ease the burden that comes with an accident.
If you’ve been in a car, truck, or motorcycle crash and would like to speak with an attorney for free, fill out the form above.
What’s A Settlement?
A settlement is a resolution between two parties in a court case. It is the final decision made by the court on a lawsuit. A typical auto accident settlement usually:
- Determines both who caused the accident, and whether the driver was negligent;
- Requires the negligent driver, or his insurance, to pay for many of the expenses associated with the crash. Typical expenses can include damage to vehicles and other property, medical costs, pharmacy bills, and pain and suffering.
An attorney can help determine the potential value of your auto accident settlement.
What Is Negligence?
Most auto accidents are caused by driver negligence. Negligence is the failure to take reasonable care when performing a task. Drunk driving, distracted driving, and speeding are all common forms of negligence. If you were hurt in an accident caused by driver negligence, you should speak with an attorney immediately. The negligent party may be held liable for any expenses you unjustly incurred due to the accident.
How Do I Prove the Other Driver Was Negligent?
Courts need evidence to evaluate cases. This is called the “burden of proof.” Luckily, the “burden of proof” for civil cases isn’t as strict as criminal cases. To win an auto accident settlement, you need to prove within a, “preponderance of the evidence” that the other driver caused the accident. This essentially means you need to prove there is a greater than 50% chance that the other driver caused the crash.
In order to prove someone is at fault, you need evidence. This could include photos, witness testimonials, police reports, and any other information that helps prove who is at fault. If you were involved in an accident, it is important to gather as much evidence as possible proving the other driver was negligent.
What Can I Expect to Win in A Settlement?
You could win damages in an auto accident settlement if you did not cause the accident. Damages are the provable costs associated with an accident. Some examples of auto accident damages include:
- Vehicle repair bills
- Property replacement costs
- Medical bills
- Physical therapy costs
- Prescription bills
- Lost wages due to missed work.
You need to show that a cost was directly caused by your accident in order receive damages in your auto accident settlement. Use documents like medical bills and auto repair receipts to prove the costs you’ve incurred.
Auto Accident Settlement Example
Let’s say “Driver A” ran a red light at an intersection and hit “Driver B.” Driver B totaled his car, had to go to the hospital for whiplash, and was prescribed a week’s worth of painkillers.
The insurance company valued Driver B’s car at $14,000.00 and Driver B was given an $900.00 emergency room bill and a $100.00 bill for the prescription. Totaled, these costs equal $15,000.00.
Driver B decides to speak with a lawyer. He tells the lawyer she has pictures of the accident plus the police report and a copy of all the bills related to the accident.
The lawyer told her that if the case was brought to court, Driver A’s insurance company would be required to pay $15,000.00 in damages.
Hiring A Personal Injury Attorney
If you’ve been injured in a car accident and would like to file a personal injury claim, it’s vitally important to speak with a personal injury attorney as soon as possible. Your attorney will be able to give you a free evaluation and help you determine if you’re eligible for a personal injury settlement after a car crash.
There are no upfront costs for working with a personal injury lawyer, as attorneys work on a contingency basis. This means that your attorney is only paid once you win your claim. Fill out our Free Evaluation form above for a free, non-obligational evaluation with a personal injury attorney in your area today!
