Car accidents are extremely stressful and often life-changing events. For someone who has been injured and sustained property damage, it can be completely overwhelming to think about the next steps. Hiring an attorney can help alleviate the stress involved in dealing with insurance companies and medical bills after a car accident, but the victim may nonetheless wonder what compensation they will receive because of all this.
The amount of settlement someone receives following a car accident is individualized per person, based on the details of the accident. Factors that impact the amount of a settlement include determining who is at fault, the severity of the injuries, and associated medical expenses, along with the extent to which someone has reduced earning capacity or lost wages. In addition to these factors, the pain and suffering someone endures after an accident can also contribute to the settlement amount. Ultimately, the combination of these economic and non-economic damages is typically used to determine what compensation an accident victim will receive after an accident.
Who is At Fault for the Accident?
Florida is a comparative negligence state. This means that even if a person is found to be at fault according to a certain percentage, you can still obtain compensation from an insurance company after an accident. However, the amount of compensation you can receive for a damages claim will be reduced by the percentage you are at fault. For example, if you are found to be twenty percent at fault after an accident, you can recover eighty percent of your damages claimed. If you are found to be completely at fault for an accident, it is unlikely that you will be able to obtain compensation from the other party for any damages that occurred as a result of the accident.
Depending on the extent of your injuries, emergency treatment, and ongoing treatment that may be necessary for medical treatment, sometimes, insurance companies may deem certain medical treatments unnecessary. The insurance company would, thereby, refuse to cover the associated costs. At Clayton Trial Lawyers, we ensure that our clients receive the best medical care for their injuries and negotiate with insurance companies to ensure medical bills are covered to the maximum extent.
Lost Wages and Reduced Earning Capacity
After an accident, the most important step our clients can take is to take care of their health. However, we understand that in doing so, there may be additional stressors that arise, including lost work, wages, and possible earning capacity. At Clayton Trial Lawyers, we will help you obtain the documentation you need to support a lost wages claim and recover damages that occurred as a result of the accident and your subsequent inability to earn what you would have made had the accident not happened.
Wrongful Death Accidents
In the case that there is a tragic death because of a car accident, the victim’s family can recover damages in a wrongful death lawsuit. For more information on wrongful death lawsuits, please go to this page.
What if the Driver Does Not Have Insurance?
Further, the types of insurance policies that the at-fault driver carries—as well as the accident victim—can affect the outcome of a claim. For example, if the at-fault driver carries the minimum policy limits as required by law, which is $10,000 in Personal Injury Protection, the other driver or passenger seeking damages may need to utilize his or her own policy’s uninsured/underinsured motorist coverage. If the accident victim does not have uninsured/underinsured coverage and the at-fault driver has limited coverage and no assets from which to recover damages, the victim’s compensation will be limited accordingly even when the extent of injuries is life-changing.
What Can I Do After a Car Accident?
If you have been involved in a car accident and are unsure of the next steps, Clayton Trial Lawyers is here to help ease the burden of the stressors that you may face. Contact our experienced and compassionate attorneys for a detailed consultation about your case so that we can fight for you and your rights.