After an accident, you are overwhelmed with what just happened to you and the pain you are experiencing. Once you have come to grips with the uphill battle you are about to face, you realize someone must pay for all of this. There is damage to your vehicle, and you and your passengers have sustained injuries; this results in excessive medical bills. So how much is your claim worth? There are several factors that will determine the amount your case is worth. Discuss the details and elements with a Philadelphia car accident attorney.
The severity of your injuries will be one of the most significant factors in your settlement amount. Proving your injuries is crucial to obtaining compensation. The fundamental way to prove your injuries resulted from the accident is to seek a medical assessment expeditiously. When fire rescue arrives, you will be given the option to be transported from the scene. If you decline, you need to be checked out by your primary physician within the next couple of days. In severe accidents, victims will automatically be transported to a nearby hospital.
The fault is a crucial determining factor in the ability of accident victims to obtain compensation. If it is deemed that culpability is shared, then insurance companies will reduce payment by the percentage of fault. This is why it is crucial to collect as much evidence as you can at the location of the collision. The more evidence that shows negligence, the more favorable your settlement is. Even a minor negligence dispute is enough to deny your claim in part or whole.
There are two forms of damage you can win. The first is economic damages that address any tangible losses. Examples of these damages include:
- Medical bills: Past as well as future medical expenses are addressed here.
- Property damage
- Lost income: You can obtain damages for the income you have lost and will lose due to the injuries.
- In-home services
- Rehabilitation costs
The second type of compensation you are awarded is non-economic, which addresses intangible topics like:
- Pain and suffering
- Loss of enjoyment of life
- Emotional trauma
In some cases, your spouse can file a claim for loss of consortium. The claim for loss of consortium is filed separately from your injury claim. There is no baseline or formula for this claim, and a judge or jury will determine it.
Another issue is whether you have chosen a fault or no-fault policy. Pennsylvania is unique in offering these options. In most instances, a fault-based insurance policy results in higher settlements. The one caveat to this policy is you will need to go through the at-fault insurance company. If you have a policy that is no fault, you will file a claim through your insurance company and will only be able to recover damages for lost income and medical expenses.
Insurance calculations vs. attorney calculations
Two calculations must be considered in a Philadelphia car accident claim. The insurance company will form an estimate, often a low one, based on a software program. The adjuster will plug in relevant information, and a number will emerge. There are no specific elements of your case included in the calculation.
In comparison, your attorney will calculate the value of a claim based on individual factors. Philadelphia car accident attorneys use your medical records, pay statements, etc. They can also bring in financial experts for additional assurance in calculating a claim. We can also address any concerns specific to your crash, such as drunk driving or commercial vehicle involvement.
Contact an attorney for a higher settlement
An attorney will gather evidence such as police reports, eyewitness accounts, surveillance, and more to prove you were not the responsible party and should be compensated for your damages. We will negotiate with insurance companies to get you the highest settlement offer. Please note that you only have two years from the date of the accident to file a personal injury claim. So you must move quickly. Call Kwartler Manus, LLC at (267) 214-8608 to get started on your claim today.