Since every car accident case results in various damages and affects each victim differently, there is no average car accident settlement. To estimate the value of your collision case, you will need to consider the types and amount of damages you suffered and the other driver’s level of liability. Consulting with a law firm can let you know what level of compensation to pursue.
A car accident attorney on our team can determine a fair value for your case before fighting for your settlement or court award. You have the right to seek compensation for your pain and suffering, lost wages, medical expenses, and more. We can also identify all possible liable parties and handle your claim while you recover from your injuries.
How Are Damages Calculated After a Car Accident?
Our attorneys calculate a car accident settlement using several methods. First, we must identify the types of compensation you can pursue. For example, our attorney will consider your:
- Medical expenses, including emergency and life-saving care, as well as doctor’s visits, transportation, medical equipment, etc.
- Recovery care, including counseling, physical therapy, additional medical equipment, and medications
- Pain and suffering, including physical injuries that alter your quality of life
- Mental anguish, which involves the psychological symptoms that impact your quality of life after the accident, including anxiety, depression, PTSD, etc.
- Lost income, including wages you lost while recovering from the accident
- Lost income potential, including all the money you should have made in the future if not for your injuries
- Punitive damages, where applicable
Our team can compile your receipts, invoices, paychecks, and other financial documents and add up the costs and losses. For the intangible damages, like pain and suffering, we will need to assign a value based on other details in your case. As evidence of your damages, we can offer your financial and medical documents, a statement from your physician, and testimony from third-party experts.
Negotiating a Car Accident Settlement
Once our team has cataloged all your damages, we can begin negotiations between you and the insurance company. You are not required to speak during settlement negotiations, as your attorney can speak on your behalf.
Throughout the process, you have the right to accept or reject any settlement offers that come in. We will explain what a fair deal looks like in your situation so you can make informed decisions based on the facts of the case. However, it may be necessary to file a lawsuit if a settlement doesn’t seem possible and the filing deadline is close to expiring.
Every state has a statute of limitations – a legal deadline – to file a personal injury lawsuit against a liable party. If negotiations fail, you must file for a lawsuit before that deadline expires, or you lose the right to pursue damages through the courts.
Who Can You Sue for Car Accident Damages?
When you hire our team, we can determine who caused the accident and identify the circumstances that led to the event. Based on the evidence in your case, you may be able to file against:
- Another driver
- A government agency in charge of road maintenance
- A vehicle manufacturer
- Other parties
- A combination of the above
You are advised never to accuse anyone out of hand or speculate about what caused the accident. Any statement you make before receiving compensation could jeopardize your case.
Comparative Negligence Could Affect Your Settlement Amount
For example, many states follow comparative negligence laws, meaning that the insurer and court consider your part in the accident. If you receive partial liability, it can reduce your claim accordingly or invalidate it completely.
The other party’s lawyers may attempt to demonstrate that you caused the accident or that your level of liability exceeds legal limits. When you hire an attorney from our team, they will fight against such claims and compile evidence to support your case.
Can You Sue for Wrongful Death After a Car Accident?
You could file suit for wrongful death if you lost a loved one in a car accident. Per state laws, the deceased’s immediate family members, their beneficiaries, or the administrator or executor of the estate could qualify to take legal action. Wrongful death damages may include:
- Medical expenses
- Burial and funeral costs
- Administrative costs
- Loss of income support
- Loss of moral training
Note that this type of action also has a statute of limitations, and it may differ from the deadline for personal injury cases.
Reach Out to Morelli Law Firm for a Consultation
Let us review the circumstances of your car accident. While there is no average car accident settlement, we can explain the damages you could recover after investigating the case. You have rights when you have suffered injuries or lost a loved one, but you must begin well before the statute of limitations expires.
Call Morelli Law Firm at (212) 751-9800 for a free consultation. We can discuss your legal rights and what you may be eligible to receive in a car accident settlement.