It is common knowledge car accidents are life changing experiences which may leave an individual with physical injuries, post traumatic stress disorder, and of course financial responsibilities. In such a situation it becomes imperative to pursue compensation through the legal means of a settlement. But, if you are thinking of how Boca Raton Car Accident Lawyer determine your settlement, then it may not be easy to comprehend. In this regard, let’s analyse the aspects which will define your settlement and what to expect while having the car accident lawyer.
The Role of a Car Accident Lawyer
So, to begin with, it will be useful to mention what a Boca Raton Personal Injury Lawyer is and what his practice involves before describing how these settlements are reached. These are legal professionals who practice fixing to persons who have been involved in car accidents. They are expected to help you get what you rightfully deserve most especially if this involve dealing with insurance companies or even taking law suits.
An experienced Boca Raton Motorcycle Accident Lawyer will take full responsibility of all the matters involved in the case such as collection of evidence, determining the severity of the injury, calculating the amount of compensation, and bargaining for the claim. They are always essential because they help you to avoid any pitfalls in person injury law en route to the best possible award.
Factors Influencing Your Settlement
Some of the sensitive aspects that can inform the extent of compensation you may be entitled to involve in a car accident include the following. Every case has its own characteristics, therefore the amount of compensation depends on the certain details of the accident. Here are some key factors that lawyers consider:Here are some key factors that lawyers consider:
1. Medical Expenses
Another important element that comes into play is the cost for your medical treatment. These are medical expenses incurred in the past such as charges by doctors, operations, treatment and prescription, physical therapy as well as all other medical expenses resulting from the injuries you’ve suffered in future. Your lawyer will liaise with doctors and other health care givers to ensure that all medical expenses are well captured in the lawsuit.
2. Lost Wages and Future Earnings
In some cases, your injuries might lead to temporary or permanent disability that would make you unable to work and earn a living; in such a case you are entitled to compensation for loss of earnings. This encompasses not only the income that was earned earlier which one may not earn because of the injuries but also the future earning which might also not be possible. Your lawyer will add up all the lost earnings to submit in your claim and be part of the settlement demand.
3. Pain and Suffering
Pain and suffering, sometimes referred to as ‘noneconomic damages,’ relates to pain, suffering, inconvenience or discomfort that the victim has suffered as a result of the accident. As for pain and suffering they are not compared with medical expenses and lost wages as they are more difficult to measure. However, there are other methods which are used by car accident lawyers, including the multiplier method to arrive at a true figure. The multiplier method requires that one multiplies their total medical expenses by a certain number which is usually a number between 1. 5 and 5 to arrive at the value of pain and suffering.
4. Property Damage
If your car or any other property that was in your car at the time of the accident was to be damaged, the cost for fixing or replacing it will also be in the offer. Your lawyer will approach the repair shops for the estimates or analyze the market price for your car to arrive at the right compensation amount.
5. Liability and Comparative Fault
Who is at fault in a car accident goes a long way to determine the amount of compensation that you will receive. In the case that the other party is entirely at fault you may be eligible for full reimbursement for your losses. However, if you have partial blame for the accident, then the amount that you will receive as compensation will be cut down by the percentage of blame attributed to you. This is called comparative fault / contributory negligence The principle of apportionment Where all the parties involved are found to have contributed in the tortious wrong, The principle of apportionment permits a redistribution of liability among the parties involved.
6. Insurance Policy Limits
This also holds true to the issue that the policy limits of the at-fault driver can greatly influence the amount of settlement that you are able to recover. If their insurance is low to compensate your damages, your lawyer may look for other ways where compensation can be claimed including the compensation under your insurance policy on an uninsured or underinsured motorist.
The Settlement Negotiation Process
After collecting all the information as well as computing the damages, your car accident lawyer will then negotiate. Here’s what you can expect during this phase:Here’s what you can expect during this phase:
1. Demand Letter
To begin the process your lawyer will write a demand letter to the insurance company of the at-fault driver. This letter should contain the details of the accident, the severity of the injury and the total amount of compensation as sought. The demand letter is necessary in starting the process of out of court settlement.
2. Insurance Company Response
The consequence will be the insurance company reviewing your demand and countering it with an offer. This should therefore be realized that the insurance companies are usually out to make as little payments as possible and hence the first amount offered may not be adequate. This is where the small talks and haggling comes into the picture particularly from the side of your lawyer.
3. Negotiations
This is because bargaining between you and the lawyer and the insurance company may take several hours with many offers being given and received. Your lawyer will as well represent your side and will ensure that the settlement will meet your needs as will also cover all the damages that you have incurred. Sometimes, the use of mediation or arbitration can be applied before engagements can take place.
4. Settlement Agreement
If the claimant and the defendant come to an agreement, it will be in form of a settlement where the details are offered in the settlement agreement. After that, you sign it and receive your compensation, which usually takes not more than two to three weeks.
When to Consider Litigation
It is however important to note that while most car accident lawsuits do not proceed to trial there are circumstances which may call for a trial. If an insurance company decides to either lowball you or deny your claim or challenge the responsibility, your attorney may advise filing the case to court. This method, although time-consuming and long, can be one of the optimal if you are sure that you have to sue in order to receive the necessary compensation.
Conclusion
Anyone involved in a car accident should be familiar with how car accident lawyers decide on your settlement. After evaluating medical treatment cost, wages loss, pain and injuries, and legal liability, your lawyer will pursue that you deserve the compensation. The negotiations part of the process can be strenuous but when one hires a qualified lawyer he or she is likely to receive a compensation that meets his or her needs after the accident.