The question of how much you should settle for after a car accident is unique to every case, and the proper response may be different for each person involved in a collision. There may be several determining factors in how much a “fair” settlement is, including:
- The injuries you suffered from the accident and their severity and permanency
- Secondary losses caused by your injuries
- Who is at fault for your accident
- Whether you have any fault for your accident
- Insurance-related considerations
While we try our best to address all the questions our clients might have, some of these do not have a clear answer. Therefore, if you are wondering what is the average settlement for a whiplash injury car accident, you should know that there is no average amount. Since each collision is unique, the settlement value is determined by the specifics of each case.
A personal injury attorney may be able to evaluate your car accident case and estimate a fair settlement range for you. Remember that you are not obligated to accept an initial settlement offer. You or your lawyer may be able to negotiate for a different settlement amount or file a personal injury lawsuit against the responsible party.
Recoverable Damages in a Car Accident Case
One factor that may affect how much you should settle for after a car accident is the value of your damages. In general, the recoverable damages in a car accident case may include:
- Current and future accident-related medical bills
- Lost wages and reduced earning capability
- Property damage
- Pain and suffering
A personal injury lawyer may be able to investigate your case, identify your damages, and collect evidence of their value when they represent you. This may help give you a clearer picture of what an acceptable settlement range is in your case.
For a free legal consultation, call 864-740-8653
Establishing Fault for a Car Accident
Another factor that may be relevant to your pursuit of compensation is fault—that is, who is responsible for your accident.
A negligent motorist may have caused your accident directly, while other parties such as a negligent mechanic, employer, or municipality may also have a degree of fault.
You may be able to recover compensation for your damages if you were partially at fault for this accident in South Carolina, but this may reduce your payout, per South Carolina Civil Remedies and Procedures §15-38-10.
A lawyer may be able to investigate the specific acts that caused your accident and determine if there are any parties besides a motorist who have some responsibility for your losses.
Specific Causes of Car Accidents
During their investigation of your accident, a lawyer can also help you collect evidence of the responsible party’s liability to use in your case. Some of the negligent motorist behaviors that may lead directly to an accident are:
- Driving while under the influence of drugs, alcohol, or both
- Making dangerous turns
- Driving with objects loosely secured inside or outside of the vehicle
- Failure to stay in one’s lane
- Texting while driving
- Drinking a beverage or eating food while driving
- Driving without proper vehicle safety equipment, such as headlights, mirrors, and brake lights
- Failure to yield the right of way
You may already be aware of one or more causes of your accident, and one or more parties who are responsible for your losses. Your lawyer may bring your attention to other parties who are responsible for your accident, even if you were not previously aware of their liability.
A Lawyer Can Help Beyond Determining Fault
While a personal injury lawyer can help you determine fault for your accident, this is far from the only way that they may assist you or your loved one. If you pursue an insurance claim, then your lawyer may be able to:
- Handle the communications with insurance companies on your behalf
- Provide you with legal advice and recommendations
- Discuss the possible outcomes of your case
- Negotiate an insurance settlement if the initial offer from the insurance company is not acceptable
- File a personal injury lawsuit and bring your case to trial, if necessary
Understandably, you have some specific questions in mind following a collision, but there is not always a satisfactory answer to these. Each car accident is unique, and thus, past precedent is not always an accurate guideline. For example, if you are wondering what is the average settlement for a herniated disc car accident, the best any lawyer can do is offer an estimate.
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Call Hammack Law Firm Today
If you were harmed in a car accident caused by another party’s negligence, Hammack Law Firm may be able to help you. As our client, we can handle all of the legal work in your case while you focus on your healing from your injuries.
Do not wait too long if you are considering legal action after a car accident. South Carolina Civil Remedies and Procedures §15-3-530 notes that you generally have three years to file a personal injury lawsuit in South Carolina.
For a free, no-obligation consultation on your case with a member of our team, call Hammack Law Firm today at 864-326-3333.
Our Client Bill of Rights offers a 30-day unconditional satisfaction guarantee —no costs and no fees. We serve our Greenville clients in all areas of personal injury, including auto and motorcycle accidents, truck accidents, and boating accidents.
To get started with our Greenville personal injury law firm, please simply contact us online or call 864-326-3333 for a free consultation.