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Factors That Affect Your Car Accident Settlement

by Paramount Lawyers Paramount Lawyers

Your car accident settlement will depend on the type of insurance you and the other driver have available, and the nature of the car accident. Types of insurance include bodily injury liability coverage, personal injury protection (PIP), medical payments coverage, and uninsured or underinsured motorist coverage. A specialist in personal injury law can help assess your case and see whether you are entitled to a car accident settlement.

Fault plays an important role in your claim. While in rear-end collisions, the other driver is always to blame, it is less clear in other types cases. A thorough explanation and plenty evidence will help the process of reaching a speedy and fair car accident settlement.

Your role in the accident will also determine whether you receive a car accident settlement. Some states apply contributory negligence, which means that, even if you only partly to blame, you will not receive any compensation. Other states use comparative negligence, whereby your car accident settlement is reduced based upon your level of comparative negligence.

Your car accident settlement amount will depend on the amount of damages, or the cost of your injuries. Direct financial costs, such as medical bills will be considered, along with emotional and indirect costs, such as pain and suffering and loss of wages as a result of the accident. Compensatory damages include specified damages, such as lost wages, medical bills, loss of earning capacity and property loss, as well as general damages, which include pain and suffering, loss of extremities, loss of consortium, and emotional stress.

If the other driver was at fault and is found to have been particularly careless in causing the accident, punitive damages may come into effect. The court will impose punitive damages to punish the defendant.

In the event that you are seeking a car accident settlement, be sure to speak to a specialist in personal injury law who has extensive experience in dealing with car accident claims. Keep copies of anything that can be used as evidence, should the matter go to court, including photographs of the accident, time logs at work that proof loss of earnings, and medical reports.
 


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