Deciding if a car accident settlement is adequate is an important part of what you should expect after a crash. After suffering from an injury, you need legal counsel to get the compensation you deserve.
Your San Jose car accident attorney will stand between you and the insurance company and make sure that you access the financial recovery you should receive in a car accident settlement.
Am I Owed Compensation After a Car Accident?
Before you receive compensation for a car accident, you must prove that the other driver caused the accident. Most traffic crashes happen because another driver is negligent.
The injured driver must prove that the other driver owed them a duty, they breached the duty, the breach caused the accident, and that they suffered losses. An experienced accident attorney can help prove that the other driver caused the accident.
You should recover compensation if you can prove the other driver injured you. Working with an attorney is the best way to know your rights, have a professional evaluate liability, and ensure you get everything you deserve after a car accident.
Common Causes of Car Accidents
Some of the most common causes of car accidents include:
- Driving under the influence of drugs or alcohol
- Fatigued or drowsy driving
- Reckless or aggressive driving
- Improper lane changes
- Unsafe turns
- Inexperienced drivers
- Distracted driving
- Not obeying traffic laws
- Vehicle defects
What Damages Can I Recover After a Car Accident?
There are several categories of damages available to car accident victims. Damages includes any losses you have suffered because of the accident. Typically, a car accident victim might have economic and non-economic damages.
Economic Damages
Economic damages include all physical losses from an accident. Economic damages are usually easy to identify.
Examples of economic damages include:
- Current and future medical expenses
- Current and future lost income
- Lost earning ability
- Rehabilitation
- Cost of replacing property
- Property damage
- Domestic labor
Non-economic Damages
Non-economic damages include the non-physical losses related to the accident. Non-economic damages can be trickier to prove, so an attorney provides priceless help as you recover from these losses.
Examples of non-economic damages include:
- Loss of enjoyment of life
- Dissatisfaction with life
- Loss of consortium
- Lost companionship
- Mental anguish
- Pain and suffering
- Permanent disability
- Disfigurement
- Inconvenience
- Humiliation
Punitive Damages
Punitive damages are available in limited circumstances. Punitive damages do not repay the victim for their losses. The law allows courts to award punitive damages if the defendant acted with oppression, malice, or fraud. Speak to your attorney about whether your case can recover punitive damages.
Insurance Companies Do Not Make Getting Paid After An Accident Easy
Insurance companies have one goal in mind. They want to save money, and they will try to limit paying out settlements to accident victims like you to do it. As an injured person, you cannot trust that the insurance company will do the right thing.
There are some common insurance company tactics that many people can fall victim to, including the following:
Watch Out for Timing
Insurance companies might contact you immediately after the accident and offer a settlement. A quick settlement offer probably won’t cover your losses. You might not know the full extent of your injuries until weeks after the crash. Settling your case before knowing the full extent of your injuries is not a good idea.
Sometimes, the insurance company will not call you. Delaying contact can be concerning. You can be more vulnerable to accepting a lowball settlement offer if you are unsure anyone is willing to pay for your losses.
Denying Liability and Blame-Shifting
The insurance company can avoid paying your claim if it can shift the blame for the accident onto you. An insurance adjuster can use anything to avoid responsibility after a crash.
For example, if you made an incorrect statement on your application for insurance, the company can use it to deny your accident claim. Insurance companies may also ask accident victims for a medical records release authorization. Adjusters request a release to access your medical records to blame your current injuries on past medical issues.
A car accident attorney is your best advocate against insurance blame-shifting. Accident victims with attorneys have better outcomes than people who choose to make insurance claims alone.
Misrepresenting The Law
Insurance companies might misrepresent the law after an accident. Insurance companies focus on the bottom line. They will cut corners to protect their profit margins. Cutting corners might mean misrepresentations.
Some of the most common bad-faith tactics include refusing to pay valid claims, threatening language, and other deceptive practices. An insurance company can refuse to pay your claim, even if your policy covers your losses.
If you have not read your entire policy. Insurance adjusters might use your ignorance of the terms of your policy to exploit you. Some adjusters might threaten you with legal action if you don’t accept their settlement offer.
Is This a Good Settlement Offer?
Whether this settlement offer is good is the first question for most car accident victims. The best settlement offer is one that covers all your losses.
Settling before learning the full extent of your injuries is not a good idea. Getting medical attention after a car accident is the best way to learn about the severity of your injuries. Your doctor can give you a prognosis and decide if your injuries are permanent.
Keep your medical records and share them with your attorney. Your legal team can advise whether the settlement offer covers current and future medical expenses and other losses.
Signs of a Good Settlement Offer
In addition to accounting for current and future medical expenses, an adequate settlement offer will consider the following:
What is The Full Value of Your Claim?
Some car accident victims do not recognize all their damages. Speaking with an experienced car accident attorney can identify what losses you deserve to recover from. Your attorney will discuss the facts surrounding your case with you to discover the value of a reasonable settlement offer.
What Evidence is Available?
You cannot prove your case without evidence. Your attorney and their legal team will help collect relevant evidence to prove your case. The insurance company offers a settlement based on the evidence you provide.
Did You Lose Income?
Lost income is a part of most car accident settlements. Your injuries might be severe enough to keep you from working. Some car accident victims can work again, but not at the same rate. Lost earning ability is compensable after a car accident.
Did You Lose Earning Capacity?
You’ve lost earning capacity if you can return to work but cannot work at the same rate as before the accident. Losing your earning ability can also mean you cannot pursue the occupation you want and love. The loss of a cherished career is real and compensatory in addition to income losses. Talk to your attorney to learn whether you can recover for lost earning ability.
Property Damage
The liable driver’s insurance company is responsible for paying all your losses for property damage. Collect repair estimates and share them with your attorney. A settlement is inadequate unless it accounts for your property damage.
Insurance Policy Limits
Car insurance policies have limits. Policy limits reflect how much money an insurance company will pay after a car accident. When the responsible driver’s insurance limits are not enough to cover your losses, you might need to access your policy’s uninsured or underinsured motorist coverage provision.
Car accident victims can rely on their uninsured or underinsured motorist coverage if the liable driver’s insurance is inadequate or they do not carry liability. You must file a claim against your insurance company, and an attorney can successfully access this insurance.
Although you are working with your insurance company, that does not guarantee you will have the best experience. An attorney will help protect you from any acts of bad faith from your insurance company.
Personal Injury Lawsuit
If your uninsured or underinsured motorist coverage is insufficient to cover your accident-related losses, you might have the right to file a personal injury lawsuit against the responsible driver.
Filing a lawsuit can feel overwhelming, especially if you have not been involved in a court case before. Having an experienced attorney on your side can help ease your nerves and protect your right to financial recovery.
What If Someone Dies In The Accident?
Car accidents that cause a victim’s death give rise to a wrongful death lawsuit. As a surviving family member, it can be hard to know if you can sue and recover financially under state law.
It is also hard to know what to accept if you are offered a settlement. An attorney can explain your rights as a surviving relative after an accident that negligently caused the victim’s death.
Can a Car Accident Attorney Help Me?
An experienced car accident attorney can help present your case in the best way to ensure you get the compensation you deserve.
Some common ways that car accident attorneys help victims include:
- Negotiate a settlement with the insurance company
- Investigate the case and gather evidence
- Represent you at trial
Help from an experienced attorney can add significant value to your case. However, two very helpful things an attorney can do for an accident victim include providing legal advice and assisting them during an insurance claim denial.
Your attorney can navigate the appeal and give legal advice about when to accept a settlement in the following ways.
Provide Legal Advice
Never accept a settlement offer before speaking to an attorney. Always get legal counsel if you suffer an injury in a car accident. Your attorney can answer all of your questions so you can feel good about your decision before committing to a settlement agreement.
Remember that there is no going back once you accept a settlement offer. Even if you discover more damages after settling, no more money is available. Speak to an attorney to ensure you are getting the best deal before you agree to a settlement amount.
Appealing a Denied Claim
Getting a denial from your insurance company is frustrating news. After getting an insurance claim denial, contact a car accident attorney. Your attorney will know the best next steps after a claim denial. Examples of next steps include the following:
Read The Denial Letter
After an appeal, sit down with your attorney to review the denial letter. When an insurance company denies your claim, they will send you a letter outlining why it denied it. Your attorney can decipher the reasons for the denial and create the best strategy for the appeal.
Read The Terms of Your Insurance Policy
All car accident victims should be familiar with the terms of their insurance policy. After a denial, you should review the terms of your policy with an attorney.
Insurance companies sometimes deny your claim because your damages are outside the policy limits. Ensure that the company did not make a mistake. Your attorney will examine what is covered under the terms of your insurance policy.
Submit an Appeal
You must submit an appeal to officially start the process. Submitting the appeal might be the scariest part of the process. An experienced car accident attorney will help ease you through the process.
Submitting your appeal gives you a chance to explain why your claim should be accepted. Your appeal can include evidence like photos, medical records, medical bills, and other proof of the accident.
Consult a Trusted Car Accident Attorney Today
Hiring an experienced car accident lawyer is the best way to get the compensation you deserve after a car accident. The right attorney can help you understand your rights after a crash and protect your ability to collect full financial recovery.
Call a San Jose personal injury attorney today if you or a loved one has suffered an injury in a car accident. Consultations are free, and you have nothing to lose and everything to gain by seeking legal help today.