If you have been injured in a car accident and are pursuing a settlement, you may wonder what to expect regarding a settlement amount. While every case is different, a few variables typically affect the total for which your case might settle, including the type of injury, the amount of your medical bills, the nature of the accident, and lost wages.
Type of Injury
A primary factor affecting your settlement is the type of injury you have sustained. If you have a whiplash type of injury, sore muscles, or pain, but you don’t have any damage that can be visualized on an X-ray or MRI, this is known as a “soft tissue” injury. Soft tissue injuries typically resolve independently without much medical treatment, and they usually result in lower settlement amounts.
However, if you have an injury that can be seen on an X-ray or MRI, like a broken bone, torn ligament or tendon, or obvious trauma, you are likely to receive a larger settlement. Insurance companies tend to view these types of injuries as more serious. Also, these injuries are more difficult to dispute because they can be objectively identified through medical tests. As a result, injuries like a broken hip, torn meniscus, or disfiguring facial scar will typically yield a higher settlement.
The permanence of the injury will also affect the outcome of the case. You may have a serious injury that will never resolve or will cause you significant pain for the rest of your life. For example, if you are paralyzed and confined to a wheelchair for the rest of your life due to the accident, you can expect a higher settlement. An injury that requires ongoing, long-term medical care will also typically result in a higher payment.
If your injury resolves after a while and you essentially return to normal, you may receive a smaller settlement.
Treatment and Medical Bills
Insurance companies tend to use your medical treatment’s extent and total cost as a guideline for determining your settlement. For example, if you hurt your back in an accident, go to the emergency room, and follow up with your primary care doctor a few times, your medical bills will be relatively low, and you will likely receive a smaller settlement. However, if you hurt your back in an accident, go to the emergency room, find out that you have a herniated disc, have surgery, and go to physical therapy, your medical bills will be much higher. The insurance company will see this as a more serious injury, and you will receive a larger settlement.
Nature of the Accident
The nature of the accident can also affect the outcome of the case. If the at-fault driver was behaving recklessly or with an apparent disregard for the safety of others, this could lead to a higher settlement. This can include cases in which the at-fault driver was driving drunk or while under the influence of drugs, moving at an exorbitantly high rate of speed, or driving without a license.
Lost Wages
A severe injury due to an accident may cause you to be unable to work for some time. In that case, you may be entitled to compensation for lost wages. For example, if you broke your leg in a car accident and had to have surgery. Perhaps you were off work for six months while that injury healed. Your settlement may include compensation or the wages you lost while recovering from that injury. Remember that the necessity of that time off work must be documented and verifiable.
What to Do if You Are Injured
If you are injured in an auto accident, you are entitled by law to compensation. Cullotta Bravo Law Group has over 30 years of experience fighting for its clients. You need an attorney to protect your rights. Contact Cullotta Bravo Law Group at 630-898-7800 or online right away.