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Car Accident Lawsuit Basics


— April 9, 2020

Preparing a settlement is going to take a lot of work. An attorney will calculate your damages, draw up a settlement letter, and try to come to an agreement with the insurance company without taking your case to trial.


It’s an unfortunate fact that at some point in everyone’s lifetime, they get involved in a car accident. Whether you’re a teenager just learning to drive, new to the road, or just weren’t sure what to do and decided to refresh your memory, the following information will be useful to you if — or more likely “when” — you find yourself involved in a car accident.

Damages

Damages come in two different types: economic and non-economic. Both of them will require proof before the insurance company awards you the money you are asking for. And, in both cases, the insurance companies will have their own team of lawyers who will argue that they do not, in fact, have to award them to you. 

Economic Damages

Economic damages are those that a concrete number can be given to, and can be calculated based on the actual expenses you incurred as a result of the injury. They include the following:

X-ray of person with broken collarbone; image by Harlie Raethel, via Unsplash.com.
X-ray of person with broken collarbone; image by Harlie Raethel, via Unsplash.com.
  • Medical expenses – If you have medical bills piling up, then it’s time to call an attorney. Make sure to keep all records so you can provide them to your lawyer, who will calculate a settlement amount using your medical expenses.
  • Loss of wages – This includes not only the money you lost so far from not working but future earnings you would have made had you not been involved in the accident.
  • Other expenses – such as replacing the value of the property lost as a result of the accident.

In addition to the medical bills, you will also need to give your lawyer proof of your salary or wages. 

Non-economic Damages

Non-economic damages are those that aren’t easily quantified and proven, such as pain and suffering, and emotional distress. Doctors and attorneys recognize the simple truth that people are psychologically altered after an accident, and it can manifest in the body through:

  • Sudden mood swings
  • Change in personality
  • Inability to focus
  • Cognitive impairments and changes
  • Post-traumatic stress disorder 

Loss of companionship is another non-economic damage a person can sue for. If you lost a loved one, or if the accident caused an undue burden on your marriage, then you must speak to your attorney about this. 

Possible Defenses from the Insurance Company

The car insurance company doesn’t want to lose money, even though customers are paying premiums for this purpose. Instead, the insurance company is going to do all they can to prove that you deserve a lesser amount or none at all. First of all, if there was any delay in seeking medical treatment, then they will argue that if your injuries were that bad, you would have sought treatment for them sooner. They will argue that the injury you sustained was not from the accident but from another incident, and thus they are not liable nor involved with how the injury was incurred. Don’t get the runaround from adjusters. Hire an attorney to handle the insurance company for you, such as HM car accident attorneys. 

Why You Need An Attorney

Preparing a settlement is going to take a lot of work. An attorney will calculate your damages, draw up a settlement letter, and try to come to an agreement with the insurance company without taking your case to trial, which can be a lengthy and unnecessary process in some cases. Your attorney can also argue better on your behalf for you to get full compensation. So don’t delay in hiring an attorney after a car accident. Find your personal injury attorney today.

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