With life threatening and potentially life altering results, car accidents are often the result of someone else’s negligence. Accident settlements for injuries, medical costs and other damages are often the second life altering experience after being involved in a car accident.
Usually the settlement value is dependent upon the damages and the strength of the liability claim. In addition each state has its own factors to be included in the calculation of the claim.
It’s important to know that personal injury is separate from a claim for property damage. A claim for property damage can be filed with the offending driver’s insurance company or your insurance company.
Within the personal injury liability is the possibility of a lawsuit to recover damages and liability compensation. To do this successfully you must be able to prove that you did suffer damage and that the other driver is at fault.
The other driver’s negligence must be demonstrated and the following situations can show this: Not seeing a vehicle that others did see; recklessly following another vehicle too close; driving faster than the weather conditions would dictate; turning illegally; not obeying traffic signals or signs; and talking on the phone or texting while driving. In addition, driving under the influence can be a factor that affects liability.
Whatever part you played in the cause of the accident, may be considered as comparative negligence, and will most likely affect your settlement.
Once liability has been found, your settlement for sustained injuries will be based on the damages calculated.
The calculation of these amounts is very complicated and includes an evaluation of your medical records, medical costs, treatments, diagnoses, and then loss of income, and pain and suffering.
In a “no fault” state, there is no compensation for pain suffering.
As shown this process can be very lengthy with twists and turns all along the way. Generally, the at fault driver’s case is represented by his insurance company’s attorney.
The Kenneth G. Marks Law Firm
Our office has been representing clients in automobile accident cases for over 33 years. We can aggressively seek the compensation that you are entitled to. We can see your case through recovery and will provide you with the personal service you deserve.
Kenneth G. Marks has been practicing personal injury law since he was admitted to the California Bar in 1981.www.KmarksLaw.com