The Six Main Factors That Could Affect Your Car Accident Claim

One of the first things that needs to be done after an accident and getting medical treatment is to file a car accident claim to receive compensation. Here are the main factors that could affect it and how much you receive as a settlement.

Picture 1 of The Six Main Factors That Could Affect Your Car Accident Claim

1. Severity Of Injuries

One of the main factors that are taken into consideration while making a car accident claim is the type of injury you suffered and its severity. Insurance companies tend to give out bigger numbers to those who've suffered major injuries that will affect them in the long term or even permanently. Injuries to the brain, the spinal cord, to body parts like arms, legs, head, neck, as well as burns are considered major ones that require long-term medical attention. If an injury causes permanent disability causing the person to be unable to provide for themselves, they receive a much bigger payment.

2. Medical Expenses

Another essential factor that plays into your car accident claim is your medical treatment and expenses. That's why it is crucial that you not only seek medical attention after any car accident but have sufficient medical records documenting your state and injuries at the time. Insurance companies will examine the type of your treatment, its length, when it was sought out, and how much it cost. Without the proper documentation and medical bills, they may claim your injuries were not directly caused by the accident, in turn lowering the amount of your settlement.

3. Strong Evidence

The evidence you provide that proves the other driver's fault also has a role in how your car accident claim turns out. Each state has its own laws when it comes to the type of evidence provided, which is why a New York personal injury lawyer will know what holds up best in court. They would investigate things like surveillance footage, eyewitnesses, and pictures of the accident scene, vehicles, and surrounding area to provide sufficient evidence that ensures you get the best possible settlement. You can also provide your own statement about the accident, medical bills, and the police report as a backup.

4. Pain & Suffering

Even though it's more difficult to calculate, pain and suffering is a legal term that refers to both physical and emotional pain caused by the accident. It's not particularly the injuries themselves but the pain and distress that resulted from them, as well as how it has impacted your personal quality of life. Pain and suffering also include temporary or permanent limitations on activity, possible shortening of life, depression, or scarring. Mental and emotional trauma plays a huge factor in a car accident claim and is taken very seriously by a jury, especially if you are seeking treatment from a mental health professional.

5. Lost Wages

The insurance company as well as a court of law takes into account how your job was affected during a car accident claim. Missing work because of your injury means you'll have to endure lost wages which you use to support yourself and your family. That's why you need to seek out compensation for the money that's lost with the help of your lawyer who will examine paychecks and measure it into the economic damages you can recover. If the type of injury you suffered has a direct effect on your type of job, like breaking your arm with a job in construction, for example, it could increase your settlement amount.

6. Clear Liability

When it comes to car accidents, it's not always clear who was at fault and if you are found in any way partly at fault, it will affect your claim. However, if the other driver's neglect is not disputed by his insurance company, it means you have a better chance of increasing the value of your claim. In the case that you are found partly at fault, your claim will be reduced by the percentage you are found at fault by.

Picture 2 of The Six Main Factors That Could Affect Your Car Accident Claim

Those are the main factors that could affect your car accident claim among many others as well. You have to know everything that comes into play for determining the amount of settlement on a car accident claim. If you follow the right steps taken after getting into a car accident from calling the police, receiving the necessary medical attention, and taking contact information from eyewitnesses, you will be in the clear for a fair settlement. Don't forget to research for a suitable, experienced lawyer that will be there with you every step of the way.

Isabella Humphrey

Update 10 April 2021