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Car Accident Settlements: Judge, Attorney, Lawsuits, Injuries And Insurance
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Published: June 27, 2007
A car accident is a shocking experience for all those involved. For those severely or permanently affected, however, the emotional and physical pain can last for years. Sometimes, when victims' injuries are very severe, affecting their lifestyle or ability to work, they decide to file a lawsuit for damages. These lawsuits attempt to award monetary car accident settlements for those inured or affected.
Car accident settlements fall under the category of personal injury cases.
Some attorneys specialize in personal injury cases or specifically car accident settlements. Most of the time, the attorney works on contingency. This means they are only paid if the victim is awarded a settlement. If they don't win, the attorney gets nothing.
The procedure following a car accident includes a visit from the insurance claims adjuster. He or she will look at the situation and damages and decide how much money the insurance company should pay the victim for his or her injuries and vehicular damages. The offer is usually reasonable, but if the victim feels it is unfair then car accident settlements come into play. If the victim chooses this route, he or she should act quickly in filing a lawsuit. Individual states have statutes of limitations for filing a personal injuries case. It is usually 1-6 years. This prevents people from demanding car accident settlements decades later and attributing other unrelated medical problems to the accident.
After a personal injuries case is filed, the case often takes years to come to trial. In fact, only about 20% of cases actually make it to court. Many individuals or companies wait until a couple weeks before the trial date to propose out-of-trial car accident settlements. If the settlement is fair, many victims will accept it to avoid going through a difficult trial. However, when a personal injuries case makes it to court, it is usually tried by a jury. It is not uncommon for a sympathetic jury to award high car accident settlements, even more than the victim expected. However, going to court can be a risk. Sometimes, the jury will judge that the victim is partially (or fully) responsible for the accident or their injuries and award the victim nothing. Bench trials (trials before a judge only) are very rare. Once a dollar amount is awarded, the people either pay car accident settlements out of pocket, or their own insurance company will step in and pay up to the individuals' insurance liability limits.
A reasonable formula for figuring out car accident settlements is 2 or 3 times the medical expenses plus additional expenses (car damage, missed wages, etc.) During the trial, medical records, missed work/pay, the severity of the injuries, disfigurement, length of medical treatment or rehabilitation, and the permanency of the injuries are all factors that are considered when awarding car accident settlements. During the trial, attorneys will also call upon witnesses and experts to add credibility to their lawsuits and hopefully increase the amount of the car accident settlements. Car accident settlements have the advantage of police reports and medical records. These types of documents almost always hold up in court and can help determine blame/negligence as well as explain exactly how traumatic the injuries are.
While car accident settlements can never take away a lifetime of painful rehabilitation, shocking disfigurements or the horror of paralysis, they can help ease the burden of astronomical medical bills and attempt to compensate for emotional and lifestyle losses. If a person is ever involved in a serious car accident, they should hold off on signing any insurance papers until they are positive they do not wish to file a personal injuries lawsuit. During a stressful and confusing time, waiting is often the smartest decision a person can make.
Sources:
"How to Estimate a Car Accident Settlement." Car-Accident-Advice.com. 2004. 31 May 2007. http://www.car-accident-advice.com/auto-accident-s ettlement.html
"Accident Victims: Is the Insurance Company Cheating You?" Peterson Law Offices. 2006. 31 May 2007.http:// www.injurylaworegon.com/insurance_settlements.htm< br /> Auto Accident Settlement. 2003-2006. 31 May 2007. www.autoaccidentsettlement.com
Car accident settlements fall under the category of personal injury cases.
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The procedure following a car accident includes a visit from the insurance claims adjuster. He or she will look at the situation and damages and decide how much money the insurance company should pay the victim for his or her injuries and vehicular damages. The offer is usually reasonable, but if the victim feels it is unfair then car accident settlements come into play. If the victim chooses this route, he or she should act quickly in filing a lawsuit. Individual states have statutes of limitations for filing a personal injuries case. It is usually 1-6 years. This prevents people from demanding car accident settlements decades later and attributing other unrelated medical problems to the accident.
After a personal injuries case is filed, the case often takes years to come to trial. In fact, only about 20% of cases actually make it to court. Many individuals or companies wait until a couple weeks before the trial date to propose out-of-trial car accident settlements. If the settlement is fair, many victims will accept it to avoid going through a difficult trial. However, when a personal injuries case makes it to court, it is usually tried by a jury. It is not uncommon for a sympathetic jury to award high car accident settlements, even more than the victim expected. However, going to court can be a risk. Sometimes, the jury will judge that the victim is partially (or fully) responsible for the accident or their injuries and award the victim nothing. Bench trials (trials before a judge only) are very rare. Once a dollar amount is awarded, the people either pay car accident settlements out of pocket, or their own insurance company will step in and pay up to the individuals' insurance liability limits.
A reasonable formula for figuring out car accident settlements is 2 or 3 times the medical expenses plus additional expenses (car damage, missed wages, etc.) During the trial, medical records, missed work/pay, the severity of the injuries, disfigurement, length of medical treatment or rehabilitation, and the permanency of the injuries are all factors that are considered when awarding car accident settlements. During the trial, attorneys will also call upon witnesses and experts to add credibility to their lawsuits and hopefully increase the amount of the car accident settlements. Car accident settlements have the advantage of police reports and medical records. These types of documents almost always hold up in court and can help determine blame/negligence as well as explain exactly how traumatic the injuries are.
While car accident settlements can never take away a lifetime of painful rehabilitation, shocking disfigurements or the horror of paralysis, they can help ease the burden of astronomical medical bills and attempt to compensate for emotional and lifestyle losses. If a person is ever involved in a serious car accident, they should hold off on signing any insurance papers until they are positive they do not wish to file a personal injuries lawsuit. During a stressful and confusing time, waiting is often the smartest decision a person can make.
Sources:
"How to Estimate a Car Accident Settlement." Car-Accident-Advice.com. 2004. 31 May 2007. http://www.car-accident-advice.com/auto-accident-s ettlement.html
"Accident Victims: Is the Insurance Company Cheating You?" Peterson Law Offices. 2006. 31 May 2007.http:// www.injurylaworegon.com/insurance_settlements.htm< br /> Auto Accident Settlement. 2003-2006. 31 May 2007. www.autoaccidentsettlement.com
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