Understanding How Car Settlements Work

by APSense News Release Admin

According to the latest available crash statistics reported by the Florida Department of Highway Safety and Motor Vehicles, in 2019 there were over 401,867 car accidents in Florida. The most common cause of these car accidents was due to careless driving. This translates to 254,816 injuries and 3,185. As per tort law, if a person is involved in an accident and gets injured due to someone else's negligent driving behavior, the victim may be able to sue the person at fault for compensation. If you or someone that you know experienced a car accident because of someone else's intentional actions, or other negligent behavior, such as reckless driving, it is highly recommended that you consult a car accident lawyer regarding filing a claim.

Please note that a significant amount of car accident claims are settled outside of court before a trial. So, do not hesitate in filing a claim or settling for less just because you may think that the process is a hassle. You can contact a reputable injury lawyer to take care of all your legal needs and help you win fair compensation for all of your losses in an accident.

Negotiating Car Accident Settlements

A settlement is an agreement by parties who negotiate about the details that were mentioned while trying to resolve or avoid a legal dispute between a person who is injured and the party who is  liable for the injuries. Generally, the legally responsible party either offers or agrees on a particular amount for which to compensate the claimant. In return for this amount, the injured party agrees to release the party that is liable from any kind of liability in the future.

It is easier to settle a case with the most favorable terms when you have an experienced lawyer by your side because he or she will know and apply all of the practical steps and strategies to resolve an issue. They will make sure that all of your past, present, and future losses are covered under the final settlement.

Your lawyers will investigate who may be liable legally for your injury. They will review and determine the critical details about the accident.

  • Who owed the duty of care?- The person who has the duty of care is an essential element of negligence that everyone should keep in mind. It helps in determining who has a duty to prevent an accident and who is liable for a loss that results from an accident. Many of us owe each other a duty of care in many instances to not do harm. For example, a car manufacturer owes the responsibility of not selling defective vehicles to customers. Every driver on the road owes a duty of care to other drivers to drive carefully. If a person  fail’s in carrying out this duty, he or she may be held liable for causing another persons’ loss due to negligent behavior.

  • Breaching the Duty of Care- Determining who breached a duty of care that was owed to another person and is very important in all types of road accidents. When you get injured in a car accident due to someone else's mistake, your legal professional will first try to find out more about the person who owed you a duty of care andbreached it. When someone has a car accident due to defective auto parts, the car seller, or manufacturer, or both may have violated the duty of care. Likewise, breaching of duty of care is possible in many other types of accidents. Proving negligence can help you win a fair compensation amount and an attorney can play a significant role in this process.

Take a look at some examples of situations where a duty of care was breached:

  1. Drivers- Drivers of all vehicles have a duty to other drivers on the road to drive carefully and to maintain their vehicle in operating condition so as not to cause an accident on the road. If this does not happen, then that driver can be held legally liable for breaching these duties of care. So, a driver can be held liable for driving recklessly, for instance, and for causing a car accident as a result of this behavior. 

  1. Employers of drivers- This is also a common scenario. When an employer fails to train their drivers how to drive safely as per industry norms, and this negligence caused an accident, the employer will be at fault.

Suppose an employer hires an employee such as a driver without minimum mandatory qualifications that are required to do a particular job, such as a clean driving record, and then that unqualified driver caused an accident. In that case, the employer  can be held liable to pay compensation to the injured party. 

Likewise, there are many other accidents that occur  due to a breach of the duty of care. Sometimes, multiple  parties involved in an accident can be found liable in negligence for causing the accident. Legal matters may become more complicated when more than one party is responsible for a car accident. Consulting an attorney will be of great help because the lawyer will know what to do and take the best steps to prove how the other parties were at fault in order to help maximize your compensation.

Damages that can be covered in the settlement.

While calculating the compensation amount, you must keep past, present and future expenses in mind. An attorney will help you account for all of the car accident's expenses including the injuries and other losses like medical expenses, lost wages, vehicle repair costs, etc. The financial issues that you are currently facing can also be considered. The costs expected in the future can also be calculated to help you get sufficient monetary compensation to manage your essential expenses until you are able to do so on your own.

You can include the following expenses in the settlement;

  • Medical fees- including primary costs after the accident including but not limited to emergency medical care, diagnostic tests, medication expenses, surgery costs, hospitalization charges, physical therapy needs, rehabilitation services, and much more.

  • Lost wages- If you could not return to your job due to injury from the accident, you could include the lost wages in the settlement.

  • Cost of vehicle repairs- If the car was damaged severely in the accident, and you paid a hefty amount to get it repaired, you may also be able to  to include this expense.

  • Future expenses- if you are expected to face specific setbacks, damages, or losses in the future, then you may be able to present proof of these expenses, such as future medications required, and the inability to earn income in the future, etc.

  • Other losses- Pain and sufferings can be included here.

Our reputable Fort Myers Car Accident Lawyer at Berke Law Firm can be of great help if you want to file a car accident claim. We will vigorously represent you in court and present the strongest case possible on your behalf.  

We can also help you settle your case outside of court and get you the most favorable terms possible. Our team has decades of experience which has made us capable of winning many complex car accident claims for our clients.

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Created on Feb 25th 2021 02:54. Viewed 123 times.


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