If you are injured in a car accident, negotiating a settlement with an insurance company will be unavoidable if you want to recover compensation for your damages. However, you might not know what is considered a good settlement for a car accident in Fayetteville.
Fortunately, our Fayetteville car accident lawyers can help ensure you recover the compensation you deserve. It can be challenging to determine exactly how much your case is worth. Several factors will impact the damages you recover. However, a good settlement will compensate you for all the losses your injuries have caused.
For a free case consultation with our Fayetteville car accident attorneys, contact us today at (479) 316-0438.
What is a Good Settlement After Getting Injured in a Fayetteville Car Accident?
There is no set way to determine how much a car accident settlement should be worth. However, our Arkansas car accident attorneys have years of experience analyzing clients’ cases to help maximize the settlement they receive. Lawyers for victims and insurance companies must review each case on its own merits to determine its strengths and weaknesses. To do this, they will look for factors that can be used to argue for either increasing or decreasing a settlement.
Factors that Can Increase Your Settlement
Arguably the most important factor in determining a settlement amount is the severity of your injuries. The more serious your injuries are, the more likely you are to recover a sizeable settlement. This is because victims of devastating car accidents often require years of treatment, with some never fully recovering. If you cannot work for a significant amount of time or at all, this can also increase your settlement.
Another important factor that could increase your settlement is the defendant’s behavior at the time of the accident and after. For instance, if the driver that injured was drunk or assaulted you after your accident in a case of road rage, your settlement should include more compensation to account for these additional damages.
Factors that Can Decrease Your Settlement
The biggest factor that will decrease your settlement is if you contributed to causing your car accident. Suppose the evidence indicates that you caused the accident or received a ticket from the police after the accident. In that case, the insurance company will likely use this to reduce your settlement or even deny your claim. Fortunately, contributing to your accident does not bar you from recovering compensation as long as it can be argued that you were not 50% or more at fault for causing the accident.
Compensation that a Good Car Accident Settlement Will Include in Fayetteville
After you’ve been in a Fayetteville car accident, you will want a settlement that covers all the damages stemming from your injuries. You might need medical treatment and time off work to recover from your injuries in the crash. You might also have to replace your damaged or totaled vehicle. If another driver was at fault for causing your accident, they should compensate you for these losses and many others.
Medical expenses are an important part of any personal injury settlement because they cover the costs associated with treating your physical injuries. Medical bills will be the bulk of a victim’s damages in many car accident cases. Compensation for medical expenses can include emergency room bills, hospital stays, chiropractor bills, physical therapy sessions, prescription medications, and any other costs you incurred treating your injuries. You should be sure that your settlement also accounts for potential future medical treatment your injuries might require, such as surgery.
In some cases, your medical expenses could also include mental health counseling or other expenses related to psychological trauma related to the crash or its aftermath. For example, if you suffered severe anxiety after the crash and needed regular therapy sessions to cope with your symptoms, those sessions will be covered in a good settlement agreement.
If your injuries caused you to miss work and lose wages, you are entitled to compensation for those wages. Lost wages are calculated based on how many days you missed work and how much money you would have made if you had worked all those days. If you cannot work for an extended period, this amount can be substantial. You should not accept a settlement that does not include compensation for these damages. In severe cases, a good settlement agreement will include payment for any potential loss of future earnings caused by permanent physical limitations or other complications resulting from your injuries sustained during your car accident.
If your car was damaged in an accident, then your settlement should include compensation for those damages as well as any other property that was damaged as a result of the collision, like cell phones. These damages can be shown with estimates if your car has not been repaired when you start negotiating a settlement. If your car was totaled, you should demand the vehicle’s fair market value in your settlement.
Pain and Suffering Damages
Pain and suffering damages compensate victims for their non-economic losses, including the physical and emotional pain they suffered as a result of the accident. Pain and suffering include damages like emotional distress, anxiety, and depression. You can also be compensated for disfigurement, PTSD, and loss of life’s pleasures caused by your car accident.
Pain and suffering damages are more subjective than other damages, making them difficult to prove. However, they are commonly awarded in car accident cases and should be included in your final settlement.
Out-of-pocket expenses are damages individuals have sustained while attending to their injuries. Common out-of-pocket expenses include gas money spent traveling to a doctor or legal appointments, as well as childcare costs. It is important that you retain copies of receipts for any expenses you incurred while treating your injuries. Without them, recovering these expenses in a settlement can be difficult.
Punitive damages are not awarded typically awarded in car accident cases since the defendant must have committed a truly heinous act to be punished with them. However, it is clear in some cases that punitive damages should be accounted for in a settlement agreement. For instance, if a drunk driver caused your car accident, you should demand punitive damages during negotiations since they will likely be awarded if the case goes to trial. Most insurance companies would rather negotiate a fair amount of punitive damages in your settlement than risk paying more in court.
Our Fayetteville Car Accident Attorneys Can Help
Call us at (479) 316-0438 to receive your free case assessment with our dedicated Fayetteville personal injury attorneys.