Car accidents are possibly one of the most stressful events in a person’s life. This is the case for many reasons. First and foremost, living people are participants in the event, and severe cases can even have fatal outcomes. Just as with any legal procedure, there are different degrees of the crime and how it is treated based on the process. If you are injured in a car accident, then you should be compensated for the injuries and the damage you went through. To this end, there are also different types of claims you can make based on various factors, such as who is at fault for the accident. This is the reason why we have created a small guide on how to increase your financial compensation post-car accident.
1. Shared Liability
Once you make your decision to file a personal injury claim post-car accident, you will need to do a complete accident assessment to see what damages your car sustained and what harm you went through. Damages are the factors that dictate how much money you will be able to recover after suffering from someone else’s negligence. These damages may also include medical bills, pain, lost income, suffering, and many more. However, if you are sharing liability for the accident, you will not be able to recover all of the money you have lost because you are sharing responsibility. In fact, depending on the percentage of liability you share, you might not have a case either.
2. Economic Damages
There are a couple of different types of damage that can occur in an accident. The first and most obvious type is economic damage. This type mainly refers to the calculation of the related bills, loss of financial stability, and expenses. To be even more specific, these damages may also include current medical bills. bills related to property damage, projected future expenses, and lost income, which may result in a reduced capacity to work.
3. Non-Economic Damages
Another type of damage that can have a great impact on the quality of life of an individual is non-economic damage, i.e., intangible damage. Calculating the non-economic damages is less straightforward in comparison to the economic ones, as these damages have a negative impact on life and are not strictly financial. Some of them may include pain and suffering, emotional distress, loss of consortium, loss of enjoyment in life, and diminished quality of life. To this end, it is of the utmost importance to consult an experienced personal injury lawyer in your state who will know how to handle the case. Otherwise, you may find yourself at a dead-end.
4. Injury Severity
Injuries you have sustained in an accident are the ones that may dictate the value of your claim. These injuries may significantly impact your life, stability, and sustainability over a long period of time. Some injuries may include internal bleeding, spinal damage, organ damage, severe burns, paralysis, multiple broken bones, limb amputations, head trauma, and many others. Medical bills make up the largest portion of personal injury settlements. These cases, in the scenarios where severe injuries took place, especially with permanent disabilities and severe injuries, have the highest claims since the person will require extensive and ongoing medical treatment.
5. Medical Care Delays
Insurance companies as well as their lawyers will have one single goal and it is to undermine your case and give you the smallest settlement possible. If you do not receive medical care immediately after the accident or postpone the medical treatment, this will negatively influence your claim value.
6. Statements About the Accident
Statements about the accident make very important factors as they determine further reconstruction and to some extent define the value of your claim. If the accident documentation indicates that you share liability with another driver, then, you may not receive full compensation. In case you or any other accident participant demands immediate medical care, you also need to make sure that the ambulance has been dispatched. If you, on the other hand, do not require medical treatment, you need to document the accident as much as you can. This means that you can take photos of the accident, videos of the damages, or use any other feature that can help you out with the accident reconstruction.
7. Online and Social Media Activity
If you are filing a claim, it is always recommended to stay away from social media. The use of social media or any other sort of online activity can be quite difficult for both parties. Also, nowadays, it is permissible to post online about accidents during legal processes. However, you need to be cautious if you are doing so, as these posts may significantly impact the value of your claim and reduce it.
8. Pre-Existing Conditions
A great number of car accident victims already had pre-existing conditions from previous accidents, illnesses, injuries, and disabilities. If the defense team comes across this information, they will certainly use it to undermine the value of your case. They will claim that some of your current conditions are closely related to previous states that have nothing to do with the injuries you have now. In case you have any previous conditions that can impact the case, you need to make sure that you inform your accident lawyer immediately. When the defense team demands copies of your medical records, you should clear everything up with the lawyer before you send the copies away. While having some pre-existing conditions can quite complicate your cases, letting your lawyer handle the process will prevent you from making certain mistakes. In many states, it is legal to use pre-existing conditions against the victim.
Car accidents are quite complicated legal scenarios that can demand liability from both sides depending on the conditions under which the accident occurred. There are many things defense lawyers can use against you with the aim of undermining the case and the value of your condition, damage, and harm. The only goal of the defense teams is to reduce the settlement as much as possible.