Many factors play into the size of your auto settlement. No one damages claim is like the other. Many people assume that just because their friend or neighbor was injured in an accident similar to their own, they will be eligible for the same type of damages. While, yes, this could be true, nothing should be assumed.
So, how are auto accident settlements determined? What factors play into an award for personal injury damages?
We have asked attorney, Alaina Sullivan, about the factors at play in a situation like this. Here is what she had to say:
Speed of the Accident
How fast were you and the other driver going at the time of impact? Were you driving in a neighborhood street or on the Interstate? Obviously, the speed of the drivers plays into determining damages because a lot more harm can be done to a car when the impact is harder.
If it is a small fender bender at a stoplight rather than a side collision going 65 mph on a busy highway, you will receive a smaller damages award rather than a large sum.
Behavior of the Drivers
Was one driver being reckless or aggressive while driving? If a driver is acting in reckless disregard for other drivers on the road, courts will look to that behavior as an indication of the type of accident.
In some cases, you can see higher damages known as punitive damages, which are meant to punish the driver for extreme, reckless behavior with willful disregard for the safety of others on the road.
These situations are rare, but in the event the other driver was acting in a manner that is deemed reckless, you could pursue this type of award.
Injuries Sustained
How serious are your injuries? If you are suffering from short-term injuries such as cuts and bruises, the amount of damages you can seek will likely be limited. However, if, after a medical exam, it is determined you are suffering from internal injuries or ones that require extensive medical care or that affect your life negatively and permanently, you can seek a higher damage award.
Sometimes injuries are so severe that you will no longer be able to do the activities and hobbies you once did prior to the accident, and you could seek loss of enjoyment or pain and suffering for these injuries.
You can also request loss of income if you need to take an extended leave of absence from work due to your injuries or if you are no longer able to perform the job you had prior to becoming injured.
Physical therapy can be expensive, as well, and if your injuries require you to seek physical therapy as a part of your recovery, that can increase your damage amount as well.
Contact an Attorney Today
If you have been involved in a car accident and are unsure of what types of damages should seek, you should contact an attorney today to discuss your case. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
