Following an automobile accident, you have the right to seek damages from the at-fault driver's insurance carrier. The amount you should settle for is determined by the extent of your injuries, the circumstances of the accident, and the acts of the other motorist who caused your injuries.
Consultation with an expert auto accident lawyer is the only method to know for sure if you're settling for a decent amount. Contact our personal injury lawyers at any moment, to receive a free consultation.
The Factors That Affect Your Settlement Following a Car Accident
If you are hurt in a car accident that wasn't your fault and stay in a fault state, you have the legal option to obtain reimbursement for your losses (commonly known as "damages"). To do so, you must file a personal injury lawsuit with the insurance carrier of the at-fault driver. Their insurer should, in theory, compensate you for damages such as:
● Medical expenses
● Damage to the vehicle
● Suffering and pain
● Wages that have been lost
These expenses aid in determining how much you should accept. Based on your overall costs and how the accident has affected you, you and your Des Moines auto accident attorney may need to evaluate how many damages you have. You also have the right to reject a settlement offer if you believe it to be too low.
General Damages vs. Special Damages
There are two sorts of damages in an auto accident case.
Medical bills and loss of wages are examples of special damages that can be given a monetary value and must be proven to be reimbursed.
General damages, such as pain and suffering or emotional pain, are difficult to assign a monetary value to and can be compensated without proof of the amount. To submit a personal injury claim after an auto accident, you must have special damages. You need to include bills, receipts, and other documents in your claim to show that you've suffered these damages.
Fault in Part vs. Fault in Full
Your degree of fault may have an impact on your ability to recover. If the other person was entirely to blame for the accident, they are held liable for all damages. However, if you are judged to be partially at fault, you may still be able to obtain compensation, but it may be less.
If you are less than 50% at fault, you can still claim damages in Iowa. The percentage of fault you bear would then be deducted from your payment. The other driver’s insurance company may try to take advantage of this by putting more blame on you to lower your payment. A skilled attorney can ensure that all evidence of the other driver's negligence is presented in your case.
How Your Potential Compensation Package Is Calculated by a Lawyer
Calculating the number of damages you may be entitled to on your own can be a difficult task. A local attorney may be able to come up with a clear figure and appropriately evaluate your claim.
Contributory negligence is a key consideration when constructing a personal injury case. To safeguard your case, your attorney may gather as much evidence as possible to show that the other party is entirely to blame for the accident.
Your lawyer may also examine your claim or case to ensure that no legitimate expense or loss is missed. The legal team may make the following requests:
● Medical bills and records
● Receipts for over-the-counter and prescription drugs
● Receipts and records of in-home care
● Receipts for medical equipment that help people with disabilities
● Estimates of vehicle value and repair bills
Each piece of evidence and paperwork can contribute to a more accurate assessment of your case, which can help you avoid being undervalued or underpaid.
How Your Attorney Constructs Your Evidence File
You should insist on submitting a collision report as soon as possible after a car accident of any magnitude. If someone is hurt or killed, or if the property is damaged, a driver has to file a crash report. This report may contain details about the accident and provide essential information to your lawyer so you can receive a good settlement offer, such as:
● Date, time, and location of the accident, as well as road and weather conditions
● Each occupant of the involved car is identified and given contact information.
● Any witnesses to the accident should be identified and their contact information collected.