How much a car accident victim can get from a personal injury settlement is not an easy question to answer. This is also a different than asking how much your car accident claim can settle for. How much a personal injury claim settles for depends on the injuries, the medical treatment, and how much insurance policy is available. How much the accident victim can get takes into account how much the claim can settle for, how much medical bills have to be paid out of the settlement, and how much the attorney’s fees and costs are.
Settlement Value Of A Car Accident Claim
The settlement value of a car accident claim depends primarily on the nature of the injuries and how much money is available. Of course, the more severe and permanent the injuries are, the higher the value of the case. However, regardless of how severe the injuries are, the amount of money or insurance policy the defendant has will limit how much the case could settle for.
Also, no two people’s cases are alike. While people can have similar injuries, everyone heals differently. Injuries can also affect people differently. The injured victim of a car accident can claim for their medical bills, their pain and suffering, lost enjoyment of life, and any wage or income loss. In the legal field, we call these items “damages.”
Because the settlement value of a case depends on a person’s injuries, how long they heal or whether those injuries are permanent, an experienced car accident lawyer cannot know from the beginning of a case how much the case could settle for. The more common injuries from a car accident are neck and back pain that are initially diagnosed as a soft tissue injury, usually a sprain or strain. Some neck injuries may require surgery. Doctors generally can’t tell at the beginning if a neck sprain or strain may turn out worse and require surgery. Imaging, such as MRIs, may be necessary. Doctors also may require pain management and even epidural steroid injections. Other tests, such as nerve conduction studies, may be needed. All of these tests and treatment take time.
Once a car accident victim is fully healed or has reached maximum medical improvement, then the attorneys can begin the process of settling the case. A car accident victim shouldn’t settle their case until they know the full extent of their injuries.
How Much Does The Injured Victim Get Out of A Car Accident Settlement
When a client has reached maximum medical improvement, then the settlement value of his or her claim can be evaluated. After determining the settlement value, we can then estimate how much the client’s share is of the potential settlement. To do that, we would have to deduct the medical bills that have to be paid back, the attorney’s fees, and the costs that have to be reimbursed to the attorneys.
Remember, personal injury attorneys are paid on a contingency fee basis. That means, car accident attorneys like D.R. Patti & Associates don’t get paid unless they recover monies for the client. In a typical contingency fee case, the lawyer’s fee is a percentage of the total settlement. That percentage usually increases if the case goes into litigation.