Aside from recovering from your injuries, one of the most important things weighing on your mind may be the settlement offer from the insurance company. This can be a bit nerve wracking because most people who have been in an accident have suffered not only emotionally and physically, but financially as well. Determining how much you should ask for can be difficult to do by yourself. This often comes with a number of questions. You will want to work with an attorney to identify a figure that isn’t too low or high.
Do I need to be severely injured in order to file a claim with the insurance company?
No, significant injuries are not required in order to file a car accident claim. However, there are a few important components to a legitimate personal injury claim. The following elements are vital in order to have a strong car accident claim or lawsuit:
- Duty of Care: meaning the other driver had a responsibility to operate their vehicle safely.
- Breach of Duty: the driver was unable to drive responsibly and was negligent as a result.
- Causation: the driver’s behavior was the reason you were injured.
- Damages: perhaps one of the most important elements when it comes to compensation. You must be able to prove that as a result of the accident, you suffered both economic and non economic damages.
The above is vital in taking action against the person who hit you in a car accident. When all elements are present in your personal injury case, you have the best opportunity of maximizing your settlement. Attorneys can play an intricate role in helping you to achieve the settlement you deserve.
Is there a difference in settlement value in more severe accidents?
More than likely the more severe the injuries the higher likelihood that the value of your settlement will be higher. Of course you will still have to prove your case. Your settlement could be higher because it’s likely that the damages you suffered are more substantial as a result. Examples of damages victims may ask for compensation around include:
- Property Damage
- Medical Expenses
- Lost Wages
- Pain and Suffering
- Punitive Damages
Accessing an attorney will be vital in reviewing the accident and your losses so that the proper value may be assigned to your claim.
What if the insurance adjuster offers me a very low settlement? Should I accept it?
It’s important to have an attorney’s knowledge when it comes to putting together your settlement. If an adjuster’s initial offer is low, don’t panic. First time offers are often low. This is a tactic used by insurance adjusters in order to ensure that their company pays you as little as possible. Consult with your attorney regarding the offer, together, you can determine a counter offer. In some situations, it can be beneficial for your attorney to speak with the insurance company to get a sense of why they may have offered you a lower claim. There could be a reason for the lower settlement.
Whether it is from the emotional trauma you experienced or ongoing pain from the accident, a car accident can affect a person for many years to come. Assigning the proper value to your car accident claim is vital in ensuring that you do not sell yourself short. You will want to make sure that you ask for an amount that can anticipate any future issues that may come up. Experienced car accident lawyers can review your case and factor in the necessary components.