It is difficult to estimate how much a person can receive after falling victim to a rear-end accident. Your compensation, should a court choose to award you as such, can fluctuate based on several individual factors, including your specific losses and the legislation established in the state that the accident occurred in.
The Matter of Compensation
As mentioned, rear-end accidents for which you pursue compensation can result in varying settlements, as each accident involves its own unique factors. You can sit down with a car accident lawyer after the accident takes place to look over those factors for yourself and better calculate what compensation a court may award you, should you choose to file a complaint regarding your losses.
On average, non-liable parties involved in rear-end cases can receive compensation for the following losses:
- Medical costs needed prior to the filing of a claim or the pursuit of compensation, so long as the costs related to injuries obtained in the accident in question.
- Medical costs that doctors or other professionals recommend as necessary in the future to restore a person’s original quality of life.
- The cost of medical aids meant to restore a person’s previous quality of life.
- The cost of any medications, prescription or otherwise, meant to reduce pain, treat injuries, or otherwise return a person’s quality of life to its pre-accident state.
- The cost of physical therapy needed to restore movement or day-to-day functionality to a party involved in the accident.
- Recompense for lost or damaged property, ranging from the car involved in the accident to any items you had in the car at the time the accident occurred.
- The cost of repairs for your vehicle.
- The cost of psychological counseling needed to recover from the accident.
- The cost of lost wages and lost opportunity for employment, should the injuries from the rear-end accident have denied a party the chance to work.
- The cost of severe pain and suffering as established in a court of law or within the legal terms established by the state in which the accident took place.
- Wrongful death charges and the cost of a funeral, if necessary.
Note that additional factors, such as the intoxication of the other driver or environmental conditions in the area that the accident took place, could also result in the generation of punitive charges as assigned by a judge.
Again, you can collaborate with a car accident lawyer in your area to determine which of the above avenues for compensation or others not noted here may apply to your case. You can then calculate your losses and present both the calculations and your settlement estimate to a court in the form of a complaint. The party you believe to be liable for your losses may argue against some of these points, and you may not receive all of the compensation you wish even if the court rules in your favor, but you can still put forward your argument in hopes of combating the cost of recovering from a rear-end accident.
If you wish to keep negotiations out of court, you can instead present your calculations to the liable party and their representation to begin settlement arrangements.
Settlements in and out of Court
Note that the settlement you take away from a rear-end accident can also vary based on where you come to such an agreement with another party. A car accident lawyer, after all, can represent you in and out of court.
If a driver liable for your damages reaches out to you at the scene of an accident, for example, and offers you compensation for your losses, you can accept. You can also, however, reach out to an attorney in your area and determine whether or not that settlement will address all of your financial needs in the long run. If you do not think that it will, you can instead request that the attorney you have on hand negotiate for a more comprehensive settlement. In doing so, you can keep your case from going to court and instead save money on contingency-based services. The American Bar Association, to be more specific, notes that settlements involving a lawyer that are arranged out of court tend to cost the receiving party a mere 33 percent of said settlement.
There are times, however, when a liable driver will not accept liability for your losses unless you go to court. Here, a car accident lawyer can make your legal rights clear to you as well as to a judge and jury, all the while fighting for compensation on your behalf. While going to court can net you compensation for your losses if a liable party becomes unresponsive, you can also expect to pay a higher percentage of your settlement to a contingency-based lawyer, should the court choose to award you as such. Again, the American Bar Association makes these percentages clearer, stating that it can cost you up to 40 percent of your settlement to come to a financial agreement with a liable party in a courtroom.
Note, though, that those costs should not discourage you from pursuing legal action against a party who may be liable for your personal injury and property damage. If you are not sure how your case may play out and what it may cost you, in the long run, you can meet with a car accident lawyer before pursuing your case to discuss available rates.
A Car Accident Lawyer Can Fight for Your Compensation After a Car Accident
Recovering from a car accident can be a costly endeavor. The good news is that you can seek out compensation for personal injury and property damage endured during such an accident. Whether you choose to pursue a settlement in court or one-on-one, a car accident lawyer can help you address all of your potential avenues for compensation. This way, you can avoid accepting insufficient settlements and make your post-accident recovery all the easier.
To start building a case against a liable party after a car accident, you can reach out to the team at Ben Crump Law, PLLC at (800) 598-7557.