The daily cost of hospitalization in the US is approximately $11,000. If you need extensive care and surgery, the costs are much higher. Unfortunately, you can incur hundreds of thousands of dollars in medical expenses after a car accident. How would you pay for it? If another driver caused a car accident, the other driver may be liable for your medical expenses and other losses. However, getting paid the most after a car accident requires the help of a car accident attorney. An auto accident attorney is highly skilled in maximizing injury victim compensation after a motor vehicle accident. [dynamic-toc]
How A Car Accident Settlement Works
Getting paid after a car accident usually means filing an auto accident claim. This often means going to the liable driver’s insurance company and filing for damages. However, if you reside in a no-fault state, you will probably file a claim for your initial damages with your own auto insurance. Talk to your auto accident attorney about the process if you are in a no-fault state. Generally, getting paid for your injuries involves these steps:Get Medical Attention
After the car accident, seek immediate medical attention to have your injuries verified and documented by a doctor. Ensure that you follow up with your doctor and follow all treatments they order. Otherwise, your auto insurance claim may be jeopardized.Inform The Insurance Company
You need to report the car accident to your insurance company. In a no-fault state, your initial damages are paid by your Personal Injury Protection Insurance (PIP). PIP will cover a certain amount of medical expenses and lost earnings. You will still report the accident to your insurance in a fault-based state. However, you must also inform the liable driver’s insurer, who will usually cover your losses, if your attorney proves they were at fault. It’s recommended to tell your auto accident lawyer to talk to the other driver’s insurance company. The other insurance company may lowball you and encourage you to say something that damages your claim, resulting in less compensation. Car accident attorneys are skilled in insurance negotiations and will fight hard to get you paid.Accident Investigation
The insurance companies will investigate the accident and determine who was at fault. This process involves collecting relevant evidence, such as law enforcement reports, medical records, surveillance video footage, cell phone records, eyewitness reports, etc. Your attorney will also conduct an independent investigation to understand who caused the accident and how.Claim Evaluation
Next, the insurance company will determine what it thinks the claim is worth. Your attorney will also estimate the value of your case. Then, your attorney will start settlement negotiations with the liable insurance company if it is in a fault state. In a no-fault state, your PIP insurance will cover your injuries and lost earnings up to policy limits. Your attorney may be a valuable resource when negotiating maximum coverage with your insurance company.Settlement Agreement Or Lawsuit
Your auto accident attorney will determine if you are offered a fair settlement amount in a fault state. Your PIP coverage is exhausted at policy limits if it is a no-fault state. Your attorney will determine if you can file a lawsuit for additional compensation from the liable driver.Payment
Most auto accidents end with a settlement check. It’s to the advantage of both sides to settle a case. After agreeing to a settlement for your injuries, you will sign the necessary paperwork and deliver the settlement check to your attorney’s law office. It will deduct their legal fees and expenses; the rest is wired to you. A similar process occurs if the case goes to trial. The liable insurance company will send the verdict amount to the attorney’s office and the rest to you after deducting legal fees and expenses.How Are Auto Accident Claims Calculated?
Many serious auto accident victims have never been through the claims process. An experienced auto accident attorney has ample experience with these claims and will help you through the process. First, if you are in a no-fault state like New York, you must use your PIP to pay for your initial medical expenses, regardless of fault. If your injuries are severe, you may qualify to file a claim against the driver later. The money you seek after the crash you didn’t cause should pay for your initial expenses and losses. If you can file a lawsuit in a no-fault state, you can claim economic and non-economic damages for the accident. Economic damages cover:- Medical expenses, including current and future medical needs.
- Lost earnings, including past, current, and future lost earnings, may include lost earning capacity compensation for a permanent injury.
- Property damage, including repair or replacement of your vehicle.
- Pain and suffering, including the physical pain that you have from the accident, as well as pain from your treatments.
- Mental anguish and emotional trauma from the accident and physical injuries, such as depression, anxiety, PTSD, and insomnia.
What Services Does A Car Accident Attorney Provide To Maximize A Settlement?
Auto accident attorneys are a valuable source of information and guidance for accident victims. Your attorney will help you understand the legal process, how your claim is valued, and what a fair settlement looks like. Some of the services that your auto accident attorney will provide to maximize your settlement are:Determine Sources Of Liability
Your attorney will look for any source of liability that can pay for your losses. For example, if several drivers were involved in the accident, many insurance policies may compensate you. Insurance policies have limits, and several sources of insurance money may be essential to ensure you are fully compensated for all losses.Value The Claim Correctly
You may have extensive medical bills, lost earnings, lost earning capacity, mental anguish, and pain and suffering after a serious auto accident. You must value your claim fully to have enough money for your injuries and recovery. Pain and suffering damages are often critical to a car accident settlement. One source states that pain and suffering compensation may comprise up to 80 percent of your claim’s value.Collect Evidence
Your auto accident attorney will collect the most convincing evidence to prove fault and maximize your claim’s value. For example, collecting cell phone records and surveillance video may prove that the other driver was distracted and texting when the accident happened. This strong evidence can encourage the insurer to increase their settlement offer.Hire Experts
A considerable benefit of an experienced auto accident attorney is they will probably hire outside experts to prove and value your claim. For example, proving fault is often needed to obtain maximum compensation in a claim. Your auto accident attorney may hire an accident reconstruction expert to establish how the accident happened. Next, the attorney may retain various medical and other experts to prove the value of your claim. Medical experts may show the severity of injuries and the medical procedures needed to bring you back to health. Economists and occupational experts may be hired to prove the value of your work that you won’t be able to perform because of the injuries.Communicate With The Insurance Company
The liable insurance company does not want to pay for your damages. They will try to pay as little as possible if they must pay. It’s critical to have an auto accident attorney communicate with the insurance company to negotiate the best settlement. Plus, they can threaten a lawsuit to increase the chances of a fair settlement.Negotiate A Settlement
Your auto accident attorney is experienced with insurance settlement negotiations. They know approximately what the claim is worth and will negotiate with that number in mind. The attorney will pressure the insurer to increase their offer until the settlement is fair.File A Personal Injury Lawsuit
Most auto accident claims are resolved with a settlement. However, your auto accident lawyer may recommend filing a lawsuit to maximize your payout. This may be needed if the insurance company denies or undervalues the claim.What Is A Car Accident Settlement Worth?
Many injury victims want to know what a ‘typical’ accident claim is worth, but that’s impossible. Dozens of factors influence your settlement value, including type and severity of injury, type of impact, lost earnings, pain and suffering, how your body reacts to a specific injury, and more. Also, there are many factors on the compensation side of the claim. How much auto insurance does the liable driver have? Are there other drivers involved with different insurance policies? Did you have to stay in the hospital? Was surgery needed? How much did you make at your job before the injury? How much does the injury affect your ability to live an everyday life? These are but a few of the factors involved in your claim’s value. When your attorney gets to settlement negotiations, other questions come up. How clearly was the other driver to blame? What insurance company provides coverage for the driver? Are there any limits on non-economic damages in that state? All of these questions affect the value of a settlement. Thus, it’s impossible to say what a typical auto accident claim is worth. The good news is that an experienced auto accident can quickly review your case details. They’ll understand if you have a claim and roughly what it can be worth. A successful auto accident lawyer has seen cases like yours and probably knows an approximate case value range. Speak to a car accident attorney in your area today for more information about your claim’s potential value.How Much Does An Auto Accident Lawyer Cost?
It’s understandable to be uncertain about hiring an attorney after a car accident. How do you pay for an attorney when you can’t work? Fortunately, your auto accident attorney works by a contingency agreement. You only pay legal fees if the attorney obtains compensation for you in a settlement or jury verdict. You don’t pay out of pocket for anything. For example, many auto accident attorneys charge a 40 percent contingency fee. If you receive $50,000 in your settlement, the attorney can receive approximately $20,000. Additional money may need to be paid for legal fees during the case.What Is A Serious Injury In A No-Fault State?
An essential aspect of getting paid for a car accident claim in a no-fault state is what a ‘serious injury’ is. In the case of a severe injury in a no-fault state, you might be allowed to go outside the no-fault system to obtain additional compensation. However, there are limits to what qualifies as a serious injury in no-fault states such as New York. A potential way to say that an injury is serious is if you have extensive medical bills. For example, if your medical costs are more than $25,000, you can be eligible to file a lawsuit to recover all of your damages. However, the maximum amount recovered may not exceed the liable driver’s coverage. So, if the policy only covers $100,000, that is all you can seek in a lawsuit. Other possible classifications for a ‘serious injury’ in a no-fault state may be:- An injury causing an impairment that prevents you from doing daily tasks for at least three months during the first six months after the car accident.
- You suffered a dismemberment, such as the loss of a hand or limb.
- You have a major disfigurement, such as an amputation or severe injury to a visible part of the body.
- You lost a fetus.
- You have the permanent loss of a body organ, such as an eye.
- Major loss of a body function, such as sight or hearing.