How Is Compensation Determined in My Car Accident Claim?

If you have suffered injuries after being involved in a serious car accident, one of your main concerns is likely to be how exactly compensation is determined in your claim. Understandably, the economic damages you suffer in a car wreck can place you in a tough financial situation, so understanding this aspect of your claim can help you to prepare better for the future.

It’s important to know that there is not a set amount of compensation that each individual receives following an accident. The amount of compensation you will be able to recover through a legal claim will vary depending on the particular details of your case.

Some factors can potentially hurt your claim, while others can strengthen it. Naturally, the more evidence you can provide a jury/judge, and the more you are able to show that the incident has had a tremendously negative effect on your life, the more compensation you are likely to receive.

At the law firm of Lapeze & Johns, PLLC , our Houston car accident attorneys can guide you in the process of figuring out how compensation for your car crash will be determined. Our devoted team will help you understand what circumstances affect your case and how you can build the most secure claim possible.

Factors That Impact How Much Compensation You May Receive

Our skilled Texas car accident attorneys are capable of providing a general estimate of the value of your claim based on our experiences working on similar cases. By looking over the following vital factors, we can help you to better understand the likelihood of securing all the compensation that is owed to you.

The insurance adjuster working on behalf of the defendant might also review some of these details to determine how much you are owed. While insurance adjusters will attempt to persuade you that they have your best interests in mind, it is important to recognize that they work for the insurance company and want to minimize the amount of compensation you receive. Because of this, it is in your best interest to secure a lawyer before speaking with an insurance provider – whether your own or the defendant’s. At Lapeze & Johns, we can effectively represent you in your dealings with an insurance company to ensure that you are treated lawfully and fairly.

Factors that may affect the amount of compensation you get, include, but are not limited to:

Your statements. The consistency of your story as a whole, during the process of settling your claim, will be crucial to building an effective (and honest) claim. You will likely have to inform various parties (i.e. police officers, doctors, insurance companies, etc.) about your incident and exactly how it happened. While it generally isn’t expected that your statement will be exactly the same every time you tell it, consistency in the way you explain what occurred will help to establish your credibility as a witness.
Promising proof of negligence. If there is little to no doubt regarding the other driver’s liability, like a rear-end collision, distracted driving accident, or drunk driving accident, the insurance adjuster working your claim will have fewer issues to discuss when determining your settlement. Obvious proof of negligence can reinforce your claim’s value. However, if there are serious questions pertaining to your own partial responsibility for your injuries, you might have to accept less settlement.
Degree of your injuries. When your medical records and doctor’s report line up with your claim – and how the injuries you have suffered have caused problems in your everyday life – it can help support the reasoning for receiving compensation. Depending on how catastrophic your injuries are, you may be able to receive compensation for past, present, and future medical bills, pain and suffering, lost wages, and other damages. Having detailed medical records and obtaining expert testimony are imperative to proving the severity of your injuries.
Pre-existing injuries. If you had already been suffering from an injury prior to the collision, you should anticipate the defendant’s insurance provider to argue that the crash did not cause you the health issues you are claiming. While this may not necessarily take away from the strength of your claim, it could lead to your settlement taking more time to come to a resolution.
Police report. The police report should have detailed information about the incident, including the other party’s/parties’ information, statements from parties involved, witness statements, and the police officers’ conclusions describing what caused the wreck. This document is generally great evidence that can adequately back up the legitimacy of your claim. Just remember that filing a police report is essential after you have been involved in a car accident. This document will prove that the incident did happen, that you were injured, and that the other party was responsible.
Medical care. If you received medical treatment promptly following your accident, then you are likely to raise and prove the value of your claim. If you chose NOT to seek out medical care immediately after the incident, failed to keep up with your recommended treatment plan, constantly missed appointments, or simply did NOT seek treatment at all, then the legitimacy of your injuries is likely to come into question. Without documentation proving that you were indeed injured and suffered damages, then you are less likely to receive sufficient compensation.
Post-accident lifestyle. How you go about your life and partake in activities AFTER your accident can play a major role in your claim – especially if you are frequently on social media highlighting your social life. Insurance adjusters can – and do – comb through social media when investigating claims to prove that you have resumed your normal activities, and thus, are not truly suffering. If the defendant is able to get a hold of any evidence of this nature, it can seriously hurt your claim.

Experienced Houston Car Accident Attorneys That WILL Get You Fair Compensation

To ensure that you’ll receive the compensation you’re entitled to, it is necessary to seek out the guidance of a trustworthy car accident attorney. At Lapeze & Johns, our lawyers will thoroughly investigate your accident, interview witnesses, help to collect evidence, effectively build your claim, and represent you in trial if necessary.