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Car crashes, even if considered minor, can still be dangerous and take a toll on the body. While fender-benders may not be lethal, they can leave lasting impacts. Such accidents need long-term medical attention and financial compensation.
When it comes to minor car accidents, the amount of the settlement can vary from one case to another. It is crucial to note that there is no fixed formula for calculating a typical car accident settlement. Each case is unique, and the settlement amount depends on various factors.
Five Factors That Can Affect a Car Accident Settlement in a Personal Injury Claim
A car accident settlement is the sum the relevant parties agree to for all damages and injuries. In minor car accidents, the settlement generally tends to be less. The amount can increase depending on the severity of the injuries.
1. Medical Expenses
One primary factor influencing car accident settlements is the victim's medical expenses. This includes hospital bills, therapy, etc. It can also include other costs related to the car accident injury.
Medical treatment expenses can add up. Victims must document and present them as part of the pain and suffering claim. The final settlement amount considers the medical treatment cost and future care for the victim.
2. Lost Wages
Another important factor to consider is the car accident's impact on the victim's career. If the injuries from the car accident render the victim unable to work, the average settlement amount for the personal injury lawsuit will consider lost wages. This includes the immediate loss of income and future earning potential due to serious injuries.
3. Pain and Suffering
Pinpointing a number on the emotional pain caused by a minor accident is challenging. However, it is an important factor to consider in a settlement.
Pain and suffering damages address the emotional distress experienced by the victim due to the car accident injury. Compensation may fluctuate based on the severity and long-term effects of the injuries.
4. Insurance Coverage
The insurance coverage available is crucial in determining the average settlement amount for a minor car accident. Insurance policies have limits. If the at-fault driver's insurance coverage is insufficient to cover all the expenses and damages, it can impact the final amount.
Consulting with an experienced automobile accident attorney in St Louis can help determine the available insurance coverage and explore other potential sources of compensation.
5. Comparative Fault
Missouri follows a pure comparative fault system. This means the average car accident settlement amount decreases based on the percentage of fault assigned to the victim.
If the victim is partially liable or to blame for the car accident case, their compensation may also decrease. It is important to note that even if the car accident victims are partially at fault, they may still be eligible for some compensation. Contact Powell Law Firm for more information about a car accident permanent injury settlement.
Common Injuries Victims Sustain in a Car Accident Case
While a minor car accident may not be life-threatening, it doesn't mean that victims walk away unscathed. Even minor injuries can lead to discomfort and pain. They can limit a person's ability to function. The most common minor injuries in car accidents include:
Whiplash and Soft Tissue Injuries
Cuts and Bruises
Sprains and Fractures
Concussions
Torn Ligaments
Car crashes can result in emotional and psychological trauma. The aftermath of a car accident can be overwhelming. It can lead to anxiety, depression, or post-traumatic stress disorder (PTSD).
Seeking Compensation for Car Accident Injuries from the Insurance Company
Navigating the car accident claim process is complex. Negotiating with the insurance company can be overwhelming.
Agencies may try to downplay the victim's injuries. They may offer a minimal settlement that does not cover their medical bills. Injured clients should seek help from a personal injury lawyer for a car accident lawsuit and insurance claim.
The total estimate of an average car accident settlement is not determined solely by physical injuries. It considers the financial impact of the automobile accident, including medical bills and lost wages.
A minor car accident settlement case also considers the emotional toll it may have caused. No two car accident claims are the same, as each case is unique to the individual involved.
How Do Lawyers Calculate Special Damages (Pain and Suffering) in a Car Accident Claim?
Attorneys must navigate the intricacies of the legal system and use various methods to arrive at fair and justifiable minor car accident settlements for victims.
Since pain and suffering are subjective in motor vehicle accidents, lawyers must gather substantial evidence, consult medical experts, and leverage their experience to advocate effectively for their client(s).
1. Multiplier Method
The car accident lawyer and insurance company of an accident victim may total the medical and property damages. Afterward, they may multiply the result by any number between 1.5 and five.
This multiplier is determined by considering factors like the length of the recovery period, the nature and extent of the minor injuries, and the long-term consequences on the victim's quality of life.
2. Per Diem Method
Another approach used by lawyers is the per diem method. This method sets a daily value to the victim's pain and suffering. It considers factors such as the length of recovery and the intensity of the pain.
The per diem amount is multiplied by how many days the victim endured pain and suffering. However, it is essential to note that not all jurisdictions accept this method, as it can be seen as overly simplistic.
3. Comparative Analysis
Lawyers may also analyze previous car accident settlements with similar circumstances to establish a compensation benchmark for pain and suffering. By examining past cases and their outcomes, they can gauge the range of compensation amounts and the factors courts consider in determining pain and suffering damages.
Final Words
Every car accident case is unique, and the settlement amount can vary from one victim to another. Powell Law Firm can advise on a ptsd car accident settlement amount. Many variables, such as the severity of injuries, insurance coverage, and the negligence of involved parties, contribute to this variation.
Hence, victims must consult a specialized personal injury attorney who can provide tailored advice and guide them through the legal process to ensure they recover compensation for the auto accident.
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