Will a Car Accident Settlement Pay for My Lost Wages?
By Space Coast Daily // October 22, 2021
A car accident settlement is also known as a personal injury lawsuit. These cases do not always see the inside of a courtroom and face a judge and jury. Sometimes if the negotiations are forceful enough and the lawyer has all the facts to prove negligence, things will go smoothly.
A car accident that was caused by someone else’s negligence can cause injury or death that was unnecessary, and the insurance must pay up. It is a battle in or out of the courtroom because insurance companies will try to get away with paying the bare minimum, if at all.
Listed is what the attorney will go after in a personal injury lawsuit:
■ Medical and hospitalization bills.
■ Lost Wages.
■ Future lost wages if the injured party is deemed disabled for life.
■ Punitive damages.
■ Pain and Suffering.
Proving Negligence
When proof of negligence is on the other driver, one would think it is an open and closed case. However, everyone knows it is not a perfect society or world. When accidents happen, something or someone is at fault to cause the wreck. The victim has a statute of limitations of up to two years to file a claim.
It is always best to file right after the accident because much information can get distorted over time. The evidence is not as relevant to investigate other than in the police report.
Lawyers have their own team to investigate to find out if the case is worth pursuing. Right after the accident is when everything is fresh, and the team can see the tire tracks and everything visible at the scene. In other words, negligence is much easier to prove in real-time.
The evidence of negligence is all the attorneys need to fight the insurance company. They can replay the accident and come up with the scene that will stand up in court. The insurance companies will still try to fight, but it will be useless. The attorney will stand victorious with hard-core evidence.
Reimbursements Expected for the Client
The client will stand a better chance to win outside the courtroom with a fair settlement if an attorney is involved. Everything dealing with the cost of the accident, from the person or persons involved to the vehicle and property lost, will be paid in the settlement.
Medical Costs
The medical bills are the most expensive due to the cost of hospitalization and doctor bills. X-rays, CAT scans, MRI’s and other medical equipment are not cheap for use. All of the medical bills totaled up can reach hundreds of thousands of dollars. Medication is not cheap and can also be a hefty cost to bear.
The medical can be long-term if the victim receives life-altering injuries. The lighter cases cover for a few days to months, and the person is back to their regular routines. Either way, compensation is a must.
Lost Wages and Future Earnings
When a person is injured, it can be challenging to impossible to go back to work. Everyone has to work for a living nowadays, and wages can cause extensive damage at the home front. If the victim cannot work, they can lose their home, whether rented or mortgaged. They can starve with no money for food.
The bills such as the electricity and other debts cannot be paid if the person cannot make a living. When negligence is involved, the party in the wrong must compensate the victim through their insurance, and sometimes out of pocket if the person in the wrong fails to have insurance.
If a caretaker is losing wages, those wages must also be compensated. The party at fault is fully responsible for paying for all damages they have caused.
Pain and Suffering
The compensation for pain and suffering deals with what the victim has to go through while they are hurting. This goes for the victim, and it goes for any caretaker of the victim and any other family members, especially children who may not be cared for as well if the accident never happened.
It hurts the victim, but it also hurts those who love them as much to see their loved ones suffer.
PTSD and any other emotional trauma are also included in “pain and suffering” compensation. It is not only the physical pains that we see that are awarded to the victim but also those we do not see.
Punitive Damages
This type of compensation is granted chiefly when alcohol, drugs, or reckless driving is involved. If an illegal substance caused the negligence and the accident, justice would be served on top of the other compensations. It is careless when these incidents occur, and it is only fair when the negligent are caught and have to pay the price for mistakes that could have been avoided.
These payments are primarily awarded when the case goes to court, and only the judge can decide how much should be paid to the victim. However, just like the case itself, there is no guarantee, the victim will receive the amount desired if they receive it at all.
There are instances where the judge and or jury do not rule in favor of the victim, which is heartbreaking. In these situations, the client is not responsible for payments to their attorney.
The Value of an Attorney Fighting for You
Some people choose to represent themselves; others prefer to go their own way and settle with a check from the insurance company. What is the value of an attorney? The difference is hundreds of thousands of dollars. They know the laws, loopholes, and how to fight the insurance companies to get what you have coming to you.
