Frequently Asked Questions

Yes. There is no formal evidence process. This means you must rely on the skill and experience of your arbitrator to understand the evidence. There are no depositions or interrogatories. There also is no discovery process. The outcome of the case boils down to the arbitrator doing their job well.

It costs less than a trial and takes less time, too. Generally, it is a good idea to go to arbitration before taking a case to court. You have a chance to resolve the issue faster with fewer attorney fees.

It means the claims adjuster did not do their job well. A claim that enters arbitration costs the company more money. If you struggle to get a fair settlement from Allstate, tell them you want to go to arbitration. This may lead them to increase their offer.

Most auto insurance companies let you resolve a claim through an out-of-court hearing called arbitration. It is less formal than a court trial. Arbitration is an informal legal proceeding where you and the auto insurance company present evidence to an arbitrator. The decision is usually binding, and there is no appeal. This process is generally faster and less expensive than a court trial.

It is possible to change an accident report if there are mistakes present within the report. You can provide the officer who made the initial report with a letter requesting an amendment with factual evidence of what mistakes were made and how they should be fixed. The officer can then make the changes needed by simply attaching an addendum to the report and clarify the error. In the event that there are factual errors such as the wrong license plate or color of the car, this can be easily proven and fixed. On the other hand, if you are looking to make adjustments to subjective details, it will be difficult to get consent from the officer to change the report.

If you notice something on the police report that you believe is incorrect and are looking to get the police report amended, it will be free of charge. This requires no money involved. Some types of reports cost money to obtain however, will never cost to amend.

You cannot appeal a binding arbitration decision. The main reason one goes into the arbitration in the first place is because the two parties couldn’t agree on a fair auto accident settlement in the first place. 

However, you could challenge an arbitration award in court IF the award is related to the arbitrator’s corruption, fraud, or misconduct. This would be a difficult and expensive thing to prove however. You would definitely need to hire an attorney, and possibly a private investigators. Arbitors are typically former judges, and are usually not going to risk their careers over helping one side over another in a car accident arbitration. As a result finding any sort of fraud or corruption on the part of an arbitor will be very difficult. 

The best thing to do if you’ve been injured in an auto accident is try to come to terms on a fair out of court settlement for your auto accident injuries. If that won’t work and the claim does end up in arbitration, it’s best to assume that the arbitors’ decision will be final.

First, arbitration is faster than going to court. Second, your legal fees will be much less; you may not even need an attorney for arbitration unless you choose to have one.

One disadvantage is there is no formal evidence process in arbitration. This means you must rely on your arbitrator’s experience and skill to look through the evidence and render a decision. However, if you did your homework and research on the arbitrator, he or she is an experienced attorney or judge and should be capable of judging the evidence fairly.

Arbitration is a type of Alternative Dispute Resolution. It is a hearing where both parties in a dispute agree to abide by an arbitrator’s ruling. This is another way to obtain compensation from an insurance company without going to court.

By doing this, you never have to actually go to court or file your car accident lawsuit in front of a judge or jury, which makes it a lot more affordable and less time consuming.

What is an arbitor?

The term ‘Arbitor’ is not a legal term used in the US legal system. However, if you are involved in a car accident settlement, you might hear this word used by experts or witnesses to describe someone who investigates the facts of the case or who makes recommendations about how to settle it.

Difference between an arbitrator and a mediator

A mediator does not make a binding decision but an arbitrator does. The parties involved in arbitration can either agree to accept the arbitrator’s ruling or reject it and go to trial.

The standard practice in an auto accident arbitration is for each side to pay half of the arbitration fee. Some arbitrators will accept a down payment upfront and the balance at the end of the hearing, others will require payment in full ahead of the arbitration hearing. In any event, it’ll almost always be a lot less expensive than litigating a car accident lawsuit in court. The cheaper option would be to settle our of court with the at fault driver’s insurance company, but that requires good faith negotiation by both sides, and assumes that the insurance company will make you a fair car accident settlement offer… neither of which are promised when dealing with an auto insurance company. 

Car accidents cause many different types of back injuries such as herniated discs and lumbar sprains causing trauma to the sciatic nerve allowing you to experience extreme muscle strain specifically over the sciatic nerve. Sciatica occurs when the nerve is being squeeze or pinched by some protruding object such as a bone spur or a herniated disc. If you are experiencing pain in the leg or numbness, it may be a result from trauma to your sciatic nerve. Symptoms often include:

• Sharp pain starting from your lower back or buttock shooting down the back of your leg (typically only one side)
• Pain may even continue all the way down to the foot.
• Numbness in leg or foot
• Lower back pain
• Standing up may cause a more intense pain; laying down relieves pain

Back injuries can range widely from strains and sprains to injuries to the spinal cord that cause paralysis.. So, the settlement amount for any one case has to be decided on a case by case basis.

But generally, typical compensation for a back-injury claim has both non-economic and economic damages.. Your economic damages may include compensation for your past and future medical bills and lost income and wages.. It is important to provide you attorney with all of your medical bill and lost wage information so that you can be fully compensated for your financial losses.

Non-economic damages are for non-monetary losses that are related to your back injuries.. These are more challenging to place a dollar value on.. Non-economic damages normally include pain and suffering; emotional distress and possibly loss of consortium, or loss of the ability to have an intimate relationship with a partner.

You can get a good concept if you got a fair settlement by looking at how the insurance company valued your pain and suffering.. They typically will use a multiplier ranging from 1.5 to 5, times your economic damages.. Your attorney should be able to effectively negotiate a fair multiplier based upon your level of pain and suffering.

Back pain after a car accident can be debilitating. For some, the pain might go away within a couple of hours. Others might experience days or weeks with pain. Then, there are those who won’t even experience pain until hours after the crash because of their adrenaline, but can experience long lasting injuries once the pain does set in.

Every car accident injury is different and some take longer to heal than others. When it comes to back injuries after an auto accident, it is common to feel pain and discomfort for up to 6 weeks, sometimes longer depending on the injury.

In order to determine just how long you will be experiencing pain you will need to consult with a medical professional. Your specialist will perform many different exams including motion tests and x-rays to diagnose what type of injuries you have sustained and determine a rough estimated recovery time. Do not delay, and go to see a doctor in order to receive a proper diagnosis and treatment options in order to recover as fast as possible. Even if you believe you do not have any injuries, it is very common to experience symptoms the following days or weeks later. You may have injuries that you aren’t aware of and overtime without treatment, may worsen causing issues later down the road.

Factors That Lead to Back Pain in Car Accidents

Some of the factors that influence how long back pain can last after car accidents include:

• Where the vehicle was hit
• If you were wearing a seatbelt
• If the airbags deployed
• The speed at which the accident happened
• The sizes of the vehicles involved in the accident
• The severity of the crash and the injuries suffered
• The age and underlying health of the people involved in the accident

Your doctor will want to know all of this information when examining you for back injuries after a car accident. It will help them determine the severity of your injuries, the treatment needed, and help put a timetable on how long you will experience pain following the accident.

Length of Recovery Time with Back Pain

There isn’t an exact formula used to help determine how long you will experience back pain following a car accident but the majority of people will feel some level of pain for up to six weeks after the crash. There are people who will feel pain for more than six weeks after a crash and those who might even have pain in certain areas of the body for the rest of their lives due to the injuries suffered. Another factor in how long you will experience pain after a car accident is how your body responds to pain. If you heal quickly, you might not feel pain for too long after the crash.

If you are experiencing any back pain for any period of time after an auto accident it is important to seek out medical attention immediately. Collisions, even minor ones, can cause a great deal of hardship including pain and discomfort from injuries as well as the inconvenience of property damage issues. But to what extent will your back pain last after a car accident? There’s no straight answer as to how long you will experience back pain after an accident, however, back pain can last for days, months or even last a lifetime. Some questions you may want to ask yourself to determine how long the pain may last include:

• What angle was your car hit from?
• What type of vehicle hit your car?
• What type of vehicle were you in?
• Were you wearing a seatbelt?
• How fast were both cars going at the time of the impact?
• Were any airbags deployed?
• How severe is the back injury according to the medical professional?

The average settlement figure for your back injury will vary widely based upon the sort of injury you had.. According to a recent national study, 16% of verdicts in spinal disc injury settlements were more than $1 million, and 7% were more than $2.5 million.. Thus, a serious back injury involving the spinal cord and vertebrae may settle for millions of dollars.

However, less severe injuries to your back, such as a disc herniation, also can yield a large settlement.. These settlements can be harder to diagnose because the injury cannot be seen on an x-ray.. A CT or MRI might be needed to diagnose such an injury.. A herniated disc personal injury typically yields a lower settlement than a ruptured of bulging disc.

A major factor that influences your settlement for a back injury is how much the injury causes you pain and damages your way of life.

In summary, the injury type, severity of pain, and the extent of impact on your life, your back-injury settlement could easily range from tens of thousands to millions of dollars.

Back injuries are some of the most common injuries victims of auto accidents suffer. Why? For starters, the body might be violently shaken during the crash, which can easily damage the spine, a muscle, tissue or other part of the back. If the crash is violent enough the victim could be slammed against their door, thrown through the windshield, or bent over the dashboard. Back injuries can include herniated discs, sprains, strains and serious injuries to the spinal cord. Today, we will tackle the question of how much should you settler for a back injury after an auto accident.

The Economic Compensatory Damages

The economic compensatory damages in your case will be where most of the compensation comes from in a back injury case stemming from a car accident. Compensatory damages include the following:

• Lost wages and income: in this type of claim you are entitled to compensation that will cover any lost wages and any lost future income due to your injuries.
• Medical bills: you are also entitled to compensation for all past and future medical bills associated with the back injury suffered in an auto accident.

The Non-Economic Compensatory Damages

You can also seek compensation for non-economic damages. These are damages that do not result in financial or economic losses to you or your family. These damages can include any of the following:

• Loss of consortium
• Emotional distress
• Pain and suffering

Other Factors

There are a few additional factors that could play a role in determining your compensation package following a back injury in an auto accident. These other factors include failing to mitigate the damages (usually on the part of the plaintiff) and contributory or comparative negligence. This is when you might be partially at fault for the crash, which could prevent you from obtaining any compensation.

There’s no set amount of compensation for which you should settle after suffering a back injury in an auto accident. Each case is different and needs to be analyzed by an experienced personal injury attorney.

Since there are various types of back injuries a car accident victim may sustain ranging from sprains to paralysis, it is difficult to pinpoint an exact settlement amount. Each individual case will have different scenarios with different injuries making it difficult to generalize a settlement value. In order to get an estimated value of what a decent settlement should be, you must take a closer look at what you are being compensated for. These include:

• Medical expenses
• Future medical expenses
• Loss of wages
• Property damage
• Pain and suffering
• Loss of mobility/quality of life
• Emotional distress

Once you have reviewed how much all your expenses set you back and established how much the non-economical damages are worth, you can add everything up to get a rough estimate. To find an estimated amount, you can follow this general rule by taking those values, adding them up, and multiply the sum by three for the estimation. An example of this would be $8,000 in medical expenses (surgeries, x-rays, PT) and loss of wages equating to $3,000. Adding that up totals $11,000 and multiplying that by 3 gives you $33,000. Your settlement will could range anywhere from $26,000- $40,000.

There are many different types of back injuries you may sustain from a car accident. Unfortunately, back injuries are frequent in car accidents and can result in pulled muscles, sprains, herniated plates, and even spinal cord wounds. They can be extremely painful and significantly more costly. Depending on the severity of the injury, back settlements range in value. So how much compensation should you expect for your back injury settlement? The settlement value varies based on damages which includes:

• Wages lost
• Medical bills
• Future medical expenses
• Loss of future income
• Loss of mobility
• Property damage

Each injury will have a different value due to the medical treatment required. For example, a herniated disc surgery is extremely expensive costing on average around $15,000 with extra expenses following the surgery that can leave you with a total around $50,000.

National data suggest average costs for spinal fusion surgery runs from $80,000 to $150,000. This does not include your hospital stay beyond a few days, follow up care, medical equipment, drugs and related costs..

There are some cervical spinal fusion surgeries that could cost slightly less, in the $50,000-$70,000. It depends on where you live, the severity of the back injury, and the underlying health or the surgery recipient. Whatever the cost of the surgery, it should all be covered in your auto accident settlement amount – just make sure to keep good records of all the costs associated with the back surgery.

Beyond medical costs, there are other factors that will influence the amount of the back injury settlement amount you receive:

• Liability: Was the other driver clearly at fault? Is their insurance provider fighting the claim?
• Permanent impairment: Even a successful surgery can lead to you being unable to return to your previous ability to function.. This has a huge effect on your claim
• Claim or lawsuit: If you settle your car accident claim through an insurance company, you will probably get less, but a trial incurs much higher legal fees, and there is a change you could get nothing.

If the other party was at fault and you suffer permanent back injuries because of the crash, it is possible to have a back injury settlement amount in the mid or upper six figures, possibly over a million.

The simple answer is YES! If you are experiencing any back pain after a car accident no matter how minor the accident may seem, it’s always a wise decision to contact a personal injury attorney to speak with as quickly as possible after the accident occurs to discuss further actions in assuring you are owed compensation for your injuries. Back pain after a rear-end collision may only last a few days but may also last a few months or even a few years. It’s risky to wait a while before taking action and talking to an attorney due to statutes running among other things. Sometimes back injuries may not appear immediately but will worsen over time. Be sure to seek medical attention right away as well as contacting your local personal injury attorney.

It’s not uncommon for various injuries or pain to take a few days to manifest following a car accident. The adrenaline running through an accident victim’s body in the moment’s immediately following a crash might mask any injuries you suffered or pain present in the body. Because of this, you might refuse medical care. Then, days later, you experience back pain. Delayed onset of pain is real and is quite common following car accidents.

However, when this happens it usually send the victim into a state of mild panic. What was a seemingly minor fender bender with no injuries a couple of days ago, now seems like a mountain of doctors visits and missed work. Without a police report showing your injuries, how will you get compensated for the injuries you suffered in the car accident? Will the insurance company think you’re trying to file a fraudulent claim since you didn’t report the accident right away?

Luckily, you can still collect a car accident settlement from the at fault driver’s insurance company, even if your injuries were’t visible or even reported at the accident scene. It might be a little harder to prove that your injuries are severe, which is when speaking to an attorney may be very helpful.

In general, there are 2 types of delayed onset back pain – upper and lower:

Delayed Lower Back Pain After a Car Accident

Lower back injury settlements are often filed many days after the crash, speaking to the fact that it can take awhile for the car accident injuries to show up. If the pain in your back comes with tingling or numbness you might have suffered a herniated disc or some other spinal injury, especially when the pain is located in the lower portion of the back. Delayed back pain could also be caused by muscle damage or a sprain, both of which can take a few days to show symptoms.

Delayed Upper Back Pain After a Car Accident

Delayed upper back pain after a car accident is generally a sign of either whiplash or a bulging disc in the upper spine. While a bulging disc settlement probably won’t be affected by filing your claim a few days after the accident, things could be tricky with delayed whiplash. Because the injury doesn’t show up on x-rays, insurance companies are notorious for trying to avoid paying fair whiplash settlements. Taking this a step further, if you file your whiplash claim late there’s a decent chance the insurance company will try to claim that it’s not serious (or that you’re faking the injury altogether), and try to drastically lower or flat out deny your claim.

This is another situation when speaking to a personal injury attorney can be helpful. They can make sure you don’t make any mistakes when you file your claim that could cost you money down the road.

It is not uncommon to walk away from an accident thinking you have escaped without any injuries. Oftentimes, back injuries will not show symptoms until several days after the accident. Lower back pain after a car accident can sometimes correlate with whiplash, or may be a more serious injury with a longer recovery time such as a herniated disc. This is why it’s important to always exchange insurance information, take pictures of the accident scene, and get contact info for any potential witnesses to the car crash – even if you don’t feel any back pain at the time of the car accident, symptoms can show up days or even weeks after the crash.

However, if you are experiencing any type of back pain after a rear end collision, you have the right to file a claim with the at fault drivers insurance and get compensated for your injuries – as long as you were not found at fault for the accident.

Once you’ve filed the claim for your back injury car accident settlement, be cautious of signing any type of release liability form until a medical professional has examined you for injuries. If you sign the form, you forfeit any opportunity to include any subsequent back injuries that may pop up in your final back injury settlement. Most personal injury attorneys recommend that you finish up any medical treatment before submitting a final back injury settlement demand to ensure that you’ve seen the full and final scope of all your injuries.

Lower back injuries settlements caused by an auto accident vary greatly due to specific circumstances and how severe the injury is. Lower back injuries range from minor bruises and sprains to extreme spinal cord injuries and paralysis, making it immensely difficult to place an average settlement amount for a low back injury. Many factors go into determining how much you may be compensated such as the more extreme and enduring the damage, the higher the car accident settlement may be. Hard injuries such as broken bones or fractures tend to have a higher settlement value due to the danger of damaging the vertebrae, which can leave one paralyzed or even, result in death. These injuries tend to be long lasting causing major hardships in life. Some examples of lower back injury settlements include:

• $9,500 settlement for neck and back injuries from a rear-end collision.
• $100,000 settlement for bulging discs from rear-end collision settlement.
• $10,000 settlement for sciatica following a pedestrian being hit by a car.
• $9500 verdict for a back and neck injury due to a rear end crash.
• $100,000 settlement for bulging back and neck discs that required surgery after a 60-year-old was rear ended at a stop light.
• $250,000 settlement for the aggravation of a pre-existing back injury in a car accident.
• $300,000 verdict for a woman in a car accident who had disc herniations in her back and neck.
• $1.2 million settlement for the aggravation of a pre-existing neck injury that needed surgery after a rear end accident.
• $313,000 semi truck accident settlement from being rear-ended by truck resulting severe lower back injuries.
• $300,000 settlement for disc herniations, required surgery and loss of range in her neck.
• https://lawsuitinfocenter.com/ufaqs/whats-the-average-auto-insurance-settlement-for-back-neck-injuries/
• $60,000 compensation for cervical herniated disc in a t-bone accident settlement.

Cervical fusion is a type of surgery performed on victims of car accidents who have suffered neck injuries. These surgeries cost tens of thousands of dollars and take months to years for recovery, if the victim is able to make a complete recovery. Let’s take a look at the average settlement amount for cervical fusion so you know what to expect if you ever require such a procedure after suffering a neck injury in a car accident.

Factors That Lead to High Settlements

The nature of the injury as well as the extent of the injury will both be major factors in determining the settlement amount for your case. There are four other important factors that must be taken into account and they include the following:

• The amount of insurance coverage that is available
• If the negligence of the at-fault party is at 100 percent
• The experience of the personal injury attorney you hire
• If the defendant is a large company

Should the liability of the at-fault party in the accident that led to your injury be accepted, as in not argued, the amount of compensation you receive should be quite high. The compensation package will be smaller if there is a chance that full liability will not be placed on the at-fault party. The risk of not receiving any compensation is also present if the no liability is placed on the defendant in the case.

Estimating Non-Economic Damages

A tricky part of obtaining a settlement in a cervical fusion case is estimating the non-economic damages. These are damages that don’t come with a price tag, such as lost wages or medical expenses. These include loss of consortium, pain and suffering, and mental anguish among others.

The bottom line is that the average settlement for a cervical fusion procedure varies based on each individual case. Some settlements might come in around $500,000, while others can reach the multi-million dollar range.

In the event that you endured neck, cervical spinal injuries or any other type of wounds after an auto collision and were not found at fault, you have the right to sue and receive compensation for damages. Like any other personal injury settlement, they differ from case to case. How much compensation you may receive depends upon numerous variables. Neck injuries often call for surgical repair called a cervical fusion and can require a lengthy recovery along with months of pain and immobilization. These types of injuries are generally awarded large amounts of compensation due to the severity of the injury. Some real life examples of how much car accident victims of cervical spine injuries have received include:

• $2,750,000- neck injury car accident victim requiring a 3-level fusion and anterior cervical discectomy
• $537,000- car accident victim requiring cervical fusion surgery
• $775,282- car accident victim suffering a herniated disc requiring surgeries and a spinal fusion.
• $7,000,000- woman suffered herniated disc and nerve damage requiring anterior cervical discectomy and fusion two vertebrae
• $1,200,000- truck struck woman from behind at a stop light, requiring anterior cervical discectomy with fusion
• $2,760,000- victim suffered injuries requiring anterior cervical discectomy with fusion

In most accidents involving a bicyclist and a car driver, the latter is at fault. However, bikers who do not follow the rules of the road or engage in dangerous riding activities also can be liable for the accident.

Bicyclists are required to follow the same rules of the road as auto drivers. If you fail to signal, fail to stop, do not use proper lighting on your bike at night, or ride the wrong way on a street, you could be liable. Liability could include your own injuries, injuries of others, and damage to vehicles.

Many states operate under what is called a modified comparative negligence rule in personal injury cases. If the driver or biker is more than 50% responsible for the accident, they may not be able to collect any damages for their injuries and property damages. In fact, if the biker is more than 50% responsible for the accident, they may have to pay damages to the car driver.

In other cases where the biker is less than 50% responsible for the accident, you still could recover damages. For example, if you are in an accident with a car on your bike and have $5000 in injuries but were 20% responsible for the accident, you would theoretically only get $4000 in damages.

Whether or not you can sue someone for hitting you with their car comes down to who was at fault. Many assume that if a driver hits a pedestrian or biker, the driver is automatically at fault. This is sometimes but not always true.

Drivers are required to yield for pedestrians and bikers at marked crosswalks and in various other situations that are stated in that state’s vehicle code. Drivers also are required to obey traffic signals and all speed limits posted. If a pedestrian is hit by a car when the driver is violating the law, then it is clear the driver was at fault. But some of these accidents are less clear cut.

Also, you must have suffered an injury to file a claim or to file a lawsuit against the driver who hit you. Usually, you would file a claim with the driver’s insurance company; a lawsuit is usually a last resort when the negotiation process breaks down.

Next, did the driver stop at the scene of the accident? If so, pursuing a claim with the driver’s insurance company should be fairly straightforward. But if it was a hit and run, it may be harder to file the claim as sometimes the driver is never found. In this situation, you could file a claim on your own policy if you have uninsured/underinsured driver insurance.

So, yes, you usually can sue the driver who hit you, if he was to blame, you suffered an injury, and he stopped at the scene and gave you his contact and insurance information.

It is common to wonder if your auto insurance will cover your injuries and property damages in a bike accident. You could have serious injuries and your bike could be destroyed, so this is not a minor issue. While every insurance policy is somewhat different, it is likely your policy will cover a bicycle accident if the following are true:

• The accident should involve a motor vehicle of some kind. It actually does not matter most of the time if you were on a bike, in a car, ATV or something else. At least one of the vehicles involved needs to be a motor vehicle. In that case, your auto insurance should cover your damages.
• The accident was the fault of the driver. If the accident was your fault, it is likely your auto insurance provider will deny the claim. If you are 50% at fault for the accident, it is likely the auto insurance policy would cover 50% of your damages. So if you have $1000 in injuries and property damage and were 50% responsible, you could receive $500 from the insurance company.

Injuries suffered in bicycling accidents often are serious. You do not have the luxury of being protected by a heavy vehicle, so injuries can be very serious to even life threatening in some accidents.The rate of fatalities in auto accidents is much higher for bicycle accidents or any pedestrian hit by a car, since there is so little

The most common injury suffered in bicycle accidents is head injuries and concussions from car accidents with bikes. Head injuries also comprise approximately 60% of biking fatalties. So, if you bike, you absolutely need to make sure that you have a good helmet. It really can save your life.

Other common biking accident injuries are:

• Fractured bones
• Dislocated joints
• Muscle strains
• Road rash
• Dental fractures and tooth loss
• Soft tissue injuries
• Facial contusions
• Neck injuries
• Broken collar bone
• Blunt trauma to abdomen or groin

If you have been in a biking accident, make certain you are taken to the ER immediately for a medical evaluation.

If you are hit by a car on your bicycle and the driver was at fault, you may be able to make a substantial personal injury claim with the driver’s insurance company. How much can you claim?

Let’s look at the different types of damages you may be entitled to. First are economic damages:

• Medical expenses past and future
• Lost wages past and future
• Lost earning capacity
• Loss of ability to provide household services
• Destruction or loss of personal property

These damages are usually calculated by just looking at paperwork, such as pay stubs, receipts, medical bills, etc. You and your attorney should add up all of these damages to arrive at a figure and present that to the insurance company.

The other part of the claim is non-economic damages. Beyond medical bills and lost work time, there are many other ways that your bicycle accident can have a devastating effect on your life. You may be suffering a lot of physical pain from your injuries. You could be afraid to ride your bike, and have difficulty exercising and playing with your children.

The questions comes down to how to judge what that pain and suffering is worth. One of the common ways to do it is to use a multiplier. This is usually a number between 1 and 5 that represents your level of non economic damages. For a ‘typical’ accident, a multiplier of 2 or 3 could be used by the insurance company. This number would be multiplied by your economic damages to arrive at a settlement figure.

For example, if you have $5000 of economic damages, and you and your attorney determine a fair multiplier for your level of pain and suffering is a 2, you might get a settlement of $10,000. Of course, the insurance company will need to agree on which multiplier to use. That is where the skill and experience of a good personal injury attorney is so important.

A bicycle rider who is hurt by a car in an accident could be entitled to substantial compensation, depending upon the specific circumstances. To be eligible for the maximum amount of compensation, the accident needs to be 100% the fault of the driver, and you will need to prove that to the insurance company (usually with the help of a personal injury attorney).

How much you will be compensated completely depends upon the severity of your injuries. If you have minor cuts and bruises and do not miss work time, you would obviously get much less compensation than if you say, break your leg and arm and are off work for two months, plus have thousands in medical bills.

To get an idea of what your compensation would be, let’s assume you are in a fairly serious bicycle accident with the driver 100% at fault. For example, say the driver ran a stop sign and hit you while you were proceeding legally through an intersection. You break your arm and suffer cuts and bruises. Your total medical costs are $2500, you miss two weeks of work that cost you $1000. So, your total economic losses are $3500. You would theoretically be entitled to $3500, but then there is the matter of pain and suffering.

With a broken arm, you almost certainly have suffered a certain amount of pain and discomfort, not to mention the mental anguish of being injured and unable to enjoy some of your regular activities. The insurance company typically applies a multiplier between 1 and 5 to arrive at a settlement amount. So, if your economic damages are $3500, and we use a multiplier of 3 (a common starting point) for your pain and suffering, you might get a settlement of $10,500 for your accident injuries.

Generally, yes. If you were hit by a car on your bike and the driver was at fault, you can file a claim with that driver’s insurance company. You have to prove the driver was at fault. Then you can negotiate a reasonable and fair payment for your injuries and losses from that insurance company.

Insurance negotiations are complex affairs that are often best left to attorneys. But filing a personal injury lawsuit is usually a last resort where the insurance company is low balling your claim or is denying it outright.

However, bear in mind there are cases where the bicyclist could be partially at fault for the accident. If that is the case, you may not be able to recover the full amount of damages you would have otherwise. Most states reduce the amount of damages you can receive based upon your percentage of fault for the accident. For example, if you are hit by a car and suffer $2000 in injuries in medical bills and lost wages, but were 50% responsible for the accident, you may only receive $1000 in compensation.

Generally speaking, from a personal injury perspective, being struck by a car while riding a bike is no different than being in a traffic accident while driving a car or getting hit by a car as a pedestrian. Not only can you claim compensation for your injuries, because you’re on a bicycle the injuries will likely be more severe, so your compensation for being hit by a car while on a bicycle will probably be pretty high.

Cyclists share the road with cars and are entitled to most of the same rights when it comes to personal injuries suffered while riding. As long as you were not at fault and another driver or responsible party was, you should be able to file a car accident claim against those responsible for the cost of your medical bills, damage to you bicycle, and other damages in a car accident settlement.

Bear in mind, because bicycles lack the same safety features as cars, trucks and other vehicles on the road, bicyclists tend to suffer more serious injuries when they are struck by cars. Siilar to pedestrians, t’s not uncommon for bicyclists to suffer broken ribs, soft tissue injuries likes scrapes and bruising, and even fatal injuries from collisions with cars on the road. For that reason, the medical bills and other expenses associated with being hit by a car while riding bike tend to add up much faster than other types of accidents.

 

If you are hit on your bicycle by a car and the driver is at fault, you could be eligible for compensation in a car accident settlement, just as any other driver or pedestrian hit by a car would be entitled to compensation. You could be entitled to the following:

• Medical costs: Includes medical bills, diagnostic tests, medical reports and physical therapy.
• Lost wages: You are usually entitled to the reasonable value of the time you have lost from work or expect to lose. Can include wages, commissions, bonuses and fringe benefits.
• Pain and suffering: This can be especially serious in a bike accident case. It’s pretty standard that pain & suffering makes up a large portion of any bike accident settlement.
• Property damage: You bicycle could be damaged or destroyed, and you may be entitled to a replacement.

Below are some actual bicycle accident settlements that have occurred in the past. Your case could be very different; be sure to talk to a qualified attorney about your case to get an idea what its value might be:

• Client was riding on road shoulder in California when hit by a vehicle, causing a broken arm, along with a neck injury and a concussion. The insurance carrier contested the injuries but a grade 3 whiplash and concussion settlement amount ended up being $180,000.
• Biker was riding on a busy road when he was ‘doored’ by a driver who parked and opened his car door without looking. The client suffered from a broken back that required surgery. After factoring in pain and suffering, the back injury settlement for the cyclist was $195,000.

This number varies slightly depending on the year, state, etc, but most research indicates that broken rib car accident settlement averages range between $10,000 and $15,000. These numbers are also skewed by larger settlements that can include more serious injuries like punctured lungs, internal bleeding, or organ damage. In most car accident claims, a broken rib payout will include a few thousand dollars in medical treatments, and a week or two of missed work, depending on the severity of the broken ribs from the auto accident. 

The wild card here is the pain & suffering multiplier. If the broken ribs are serious enough to keep a victim from playing with their kids, being intimate with their spouse, or watching a funny movie, the pain & suffering multiple could push the car accident settlement amount over the average amount.

Many patients with broken ribs may need prescription painkillers as the bones heal because this is a painful injury. Doctors do not recommend bed rest. However, the injured person also should not engage in strenuous physical activities while the ribs heal.

Broken ribs are one of the most difficult car accident injuries to deal with. Sleeping, driving, coughing, even breathing can be incredibly painful. Luckily this doesn’t typically last very long or require surgery or long stints in physical therapy. Usually, broken ribs from a car accident heal in one or two months on their own.

It is important to have pain control medications in many cases so that you can take deep breaths. If you do not take deep breaths for weeks, pneumonia can set in. It’s also important to make sure that there was no damage to the internal organs. When a car accident happens with enough force to break a rib, there’s a chance it did damage to the lungs, liver, or kidneys as well. 

Arbitration is a process used most often in resolving disputes between people fighting for compensation from an entity, such as a business or an insurance company. When two parties head for arbitration there will be an arbiter chosen. Most are former judges or highly experienced lawyers who do not have any type of conflict of interest with either of the two parties. When you go to arbitration it usually means that you will accept whatever decision is made by the arbiter. But, what if you don’t agree? Can you go to court after arbitration?

No Appeal Available

The point of arbitration, as opposed to going to court, is to reach a decision that is binding. This means that there will be no appeal available if you disagree with the ruling from the arbiter. That’s the major risk you take when agreeing to go to arbitration. Just because there’s no channel for an appeal on the ruling simply because you don’t agree with it doesn’t mean that the door is shut completely.

Gross Misconduct Appeal

There is the possibility of filing an appeal in court regarding the result of your arbitration case and it stems from gross misconduct. You cannot appeal because you disagree with the ruling, but you can appeal if you believe there was gross misconduct or negligence on the part of the arbiter assigned to the case. For example, did the arbiter take a bribe from your opponent? Did the arbiter fail to disclose a conflict of interest involving your opponent?

It is possible for both parties to agree prior to entering the arbitration hearing, in writing, that an appeal could be allowed. It all depends on how the documents are written before entering into arbitration.

Getting into a car accident is never an easy, stress-free situation. Even if there was minor damage and no injuries you might still need to file a claim with an insurance company. So, you file the claim and the insurance company finally responds with its final offer for settlement. You find that the offer from the insurance carrier is much less than you either hoped for or anticipated. What can you do now? You can appeal the offer outside of court using a process known as arbitration. Do you need an attorney for an auto arbitration?

The Timeline for Arbitration

The timeline for arbitration is much quicker than that of a trial, but it’s still a good idea to have an attorney assist you throughout the process. The typical timeline for a car accident arbitration case is as follows:

• Filing and initiating the case from 1-15 days
• Selection of the arbitrator from 16-45 days
• Information preparation and exchange from 46-75 days
• The arbitration hearing on day 76
• The award is issued between days 77-85

If you are unhappy with the settlement offer from the insurance company tell them you want to go to arbitration. You cannot force them to do so, but the minute you mention you have an attorney by your side and threaten you could file a lawsuit they will likely fold and go to arbitration with you.

Having an attorney represent you at arbitration for a car accident case will help you prepare the required documents, prepare how to answer questions, and help you determine the proper amount of compensation you should request.

What does it mean when you hear word vs. word when referring to a car accident claim? This means there was no witness besides the individuals involved in the accident and their insurance carriers must take the word of their insured policyholder and support their claim, which might result in the claim being denied. Oftentimes, in a word vs. word car accident claim, the investigation is found to be incomplete or unreliable and the claim may be rejected. The arbitrator will determine the at-fault party once testimonies are provided. Decisions are final without the possibility to overturn in court.

After being involved in a car accident and negotiating with your insurance company, you finally receive the settlement sum offer and find it to be significantly lower than expected. You solidly trust your claim is worth more. So you renegotiate with insurance and see if your settlement offer becomes higher. In some cases, these claims cannot come to agreement. When the point of no settlement understanding can be achieved, you have the option to settle the claim in court or through arbitration. In other words, arbitration is the alternative option to resolving the dispute outside of court.

Arbitration Process:

• Both individual parties in the claim must concur on using a mediator known as an arbitrator. It’s possible the arbitrator is one person or even a group of individuals.
• Both parties must agree upon the arbitrator.
• The arbitrator then hears statements and testimonies from both sides, analyses evidence, and makes a decision on the claim.
• Once the decision is made it is final and neither party is allowed to appeal.

When you become involved in an auto accident, you generally file an insurance claim for the damages acquired. However, your insurance provider may not necessarily authorize your request. Insurance companies will research and investigate the accident themselves in order to determine the amount they are required to pay under your current auto protection plan. It is possible that your insurance provider may oppose the claim or offer some lowball settlement.  If this is the case and you do not agree with the offer your insurance company has made, you can agree to settle this dispute outside out court in an arbitration hearing.

Car accident arbitration is typically used when the two parties insurance companies cannot agree on the evidence provided from the investigation. An auto accident arbitration hearing is considerably quicker to resolve than taking the claim to court. The process may seem lengthy but keep in mind that it’s much quicker than trial. A car accident arbitration hearing can take around 3 months until the arbitrator has made the final decision but may also resolve sooner than that. The arbitration process goes through several stages, which include filing for arbitration, selecting the arbitrator, exchanging evidence, the hearing process and the arbitrator’s decision. Each stage roughly takes about 15-30 days to complete. Once the decision is final, no appeals can be made.

If you’ve been injured in a car accident and aren’t happy with the settlement you’ve been offered you can take the other party or their insurance company to arbitration. You run the risk of losing the arbitration case and having to accept the initial settlement offer. Or, you could win the hearing and be awarded a higher amount of compensation from the insurance company. Let’s take a look at how long it takes to receive your money after an auto accident arbitration case.

The Arbitration Timeline

The timeline for an arbitration case is much shorter than the timeline for a trial. You can expect an arbitration process to last no longer than 85 days from start to finish. The shortest amount of time you can expect an arbitration case to last is 77 days.

The hearing for your arbitration case will occur on day 76. The ruling and award could be issued by the arbiter on day 77 or on the final day of the process, day 85. The arbiter has to issue a statement about the award and how he or she reached their decision. This statement cannot come past the 85th day of the case.

Once the award has been issued by the arbiter it can take anywhere from two to six weeks to receive the money. During this time your lawyer and the lawyer for the insurance company (or whomever is your opponent) will work on the settlement.

Arbitration is simply settling the claim outside of court. This could mean that neither party was satisfied with the insurance negotiations. It could also mean both parties were looking to spare time and money in comparison to taking the case to court. Both parties have chosen to take the alternative route and agree upon an arbitrator to settle their disputes. So how does the arbitrator come to a conclusion? There are various points of key evidence they must gather in order to make a final judgment call including:

• Details about the accident
• Was anyone injured?
• Who was found at-fault?
• How much property damage?
• How much compensation will you recover from your injures (if any)?
• Were there witnesses to the accident?

The arbitration process is organized much like a preliminary, however the techniques are done in a more casual manner and a less formal setting. There’s an opening statement, testimonies, evidence reviews, cross-examinations, witness statements, and closing arguments. Once all is said and done, the arbitrator deliberates and decides within a few days.

Once the arbitration process is complete and a decision is made, the settlement is final. You may not appeal or ignore the ruling. All paperwork and documents are filed and sent to you and your attorney with the decision.  You will also receive a notice clarifying the rights you may have once arbitration is complete and how you may move forward.

Being injured in a car accident, or even simply being involved and suffering damage to your vehicle, is a stressful situation. You will go through a lot of paperwork and even fights with insurance companies. If you take your car accident case to arbitration and wind up losing, what happens? What can you do if you lose your arbitration case? Let’s take a look at your options should you ever lose an arbitration case for a car accident.

Arbitration is Binding

Unless you and the other party put something in writing prior to entering into the arbitration process it is binding. This means that you won’t have an ability to appeal the decision made by the arbiter in your case unless the arbiter acted egregiously or negligently and you have the evidence to prove it.

The Ruling

The ruling from the arbiter can go in many different directions. For starters, the arbiter could rule in your opponent’s favor. This ruling could reduce the amount of compensation from your opponent to an amount less than originally offered. Or, the ruling could simply force your opponent to pay you the compensation they originally offered. You are the loser in this instance because you did not get the increase you sought.

The bottom line here is that there isn’t much more you can do for yourself if you should lose a car accident arbitration case, so be sure it is the right option for you at the time instead of litigation.

If you believe that the settlement offer that your insurance company has decided upon, you have the option to dispute through a process called arbitration. Auto arbitration is a less formal, out-of-court legal proceeding that allows you and your insurance company to settle a dispute with the other party involved in the accident. There is a neutral third party involved in the arbitration process called the arbitrator who will ultimately make the final decision on the settlement amount. This can either work in your favor or you may still be unhappy with the amount, however, once the arbitrator has decided on an amount the decision is final and neither party can appeal.

Many people decide to take the alternative route and go through the arbitration process rather than taking the claim to court. You can expect it to cost you significantly less in money and time. You can also expect it to be similar in structure to a trial, however much less formal.

Arbitration process:

• Filing for arbitration can take roughly anywhere between 1-15 days. This step happens once you’ve decided you are unsatisfied with the insurance settlement negotiations and will take the alternate route of arbitration.
• Nominating/selecting a third party arbitrator can be a bit of a lengthy process due to the fact that both parties MUST agree on the arbitrator. The arbitrator must also have absolutely no interest or benefit in either party and remain completely unbiased. This process can take around 30 days.
• Preparing for arbitration and exchanging evidence includes gathering photos, witnesses, testimonies, and solid proof to explain and support your claim. This preparation phase will typically take around 30 days.
• The hearing process takes one single day and includes opening statements, testimonies, evidence, witness statements, cross examination and closing statements.
• The arbitrator’s decision once made is final and there will be no opportunity to appeal. This typically takes about 1-2 weeks for the decision to be made.

If you pay for auto insurance, you can always file a claim with your auto insurance company to get your medical bills paid and get your car fixed. However, this is different from collecting a car accident settlement claim from an at fault driver where you’ll likely be paid for missed work, pain & suffering, and more. The type of payout you get from your own auto insurance company is different from what you would get if you were injured in a car accident that wasn’t your fault. The payout from your auto insurance company if you were found at fault will be smaller, and will likely raise your insurance rates substantially, in comparison to a car accident where you weren’t found at fault and are able to collect from the other driver’s insurance company.

If you were at fault in the accident, there’s a good chance that you’ll also have a claim filed against you by the other driver to pay for their medical expenses, lost income, and property damage. While you shouldn’t have to pay out of pocket outside of your deductible (this is, after all, why we pay for auto insurance in the first place), but your insurance rates will probably go up quite a bit as a result. Depending on the circumstances (for example, you had a drink at dinner before the accident happened or you were texting and driving before the accident)

Generally, if you are injured as a result of an accident that was your fault, you will not be able to make a claim for compensation with another driver’s insurance company unless another party was also partly to blame for the accident. If this happens you might qualify for some compensation for the injuries you suffered in the auto accident that were not caused by your own negligence, especially in states that have comparative negligence laws.

 

If you become involved in a car accident, I’m sure there are a million things running through your mind. If you sustain any personal injury due to the accident, one thing you have to know is that there is a timeframe you have to file a claim by and that is called statute of limitations.

Each state has different laws therefore, statute of limitations vary from state to state however, generally a car accident claim for a personal injury statute of limitations runs after two years. This means you need to file a personal injury claim before the two year mark after the accident occurs. Some people aren’t aware that there are statute of limitations to file property damage claims as well. As stated earlier, each state varies when it comes to statute of limitations but generally you have three years to file for property damage.

This does not mean that you need to have the auto accident settlement resolved, it simply means you need to have the claim filed before the deadline. If you attempt to file a claim once the statute of limitations has run, the court will not accept your claim. Steps immediately following the accident should include, filing a police report, seeking medical attention and contacting a personal injury attorney so they can help you file a claim for the accident. Do not make the mistake of waiting. Even if you file a day late passed the statute of limitations, the court will still deny it. 

Auto accidents are devastating and can cause an overwhelming amount of stress regardless if you are the at-fault party or not. Being the at-fault driver of a collision can truly add to the worry of the circumstance. Aside from dealing with personal property damage and injuries, additionally the at-fault driver is responsible for the other party’s damages as well. So how does car insurance work if you are at-fault?

• Insurance rates go up– If you are found at-fault or cited for the accident, your insurance policy will likely raise in cost.
• Damage liability– If you have purchased a collision coverage, your insurance provider will cover the cost of damages to your vehicle however, in collision coverage does not cover damages to the vehicle of the other party involved. Your liability insurance portion of the policy is what covers the other party’s property damages.
• Accident forgiveness– If you have accident forgiveness as part of your policy, this will allow your insurance rates to stay the same and avoid an increase regardless if you at the at-fault driver.

After you’ve been involved in an accident, it can be a stressful situation. Not only are you dealing with a damaged vehicle, but it’s possible you’ve sustained injuries as well. It is important to file a car insurance claim immediately to ensure you are provided with compensation for the damages. The thought of waiting for insurance companies to complete your claim may seem like a headache but the reality is most organizations have a target date within 30 days to pay your claim. Although most claims can be settled within those 30 days, some States have laws that require insurance companies to complete the process in a certain length of time, which may be shorter or longer than 30 days.

• California insurance companies must take action within 15 days and accept or deny the claim within 40 days after collecting proof. Once the claim is accepted, payment from the insurance company must be made within 30 days.
• New Jersey insurance companies must pay their insured party within 60 days of receiving proof.
• Texas insurance companies must pay their insured party within 15 days after receiving proof however; they have the option to file an extension of up to 45 days.

After the accident, be sure to collect all the necessary information including driver’s licenses, insurance information, pictures of the accident and eyewitness statements. Once you have exchanged insurance information with the other party involved, you need to report the accident to your insurance company regardless of whether it was your fault or not. They will ask a series of questions and a play by play of how the accident happened. It is important to provide them with the other party’s insurance information along with the rest of the information gathered from the accident.

Filing a car accident claim with an insurance company in order to receive compensation for personal injuries or property damage may sound like a headache but is actually not complicated when it comes to negotiating with the insurance adjuster as long as you are prepared. Unfortunately, insurance companies tend to begin the settlement with a low-ball figure so this is where the negotiating begins. You do not have to accept their first offer if you know your damages are worth more than the offer. You can ask the adjuster to explain in a letter exactly why they came up with this offer and respond with a counter offer with an amount you believe you claim is worth. Be sure to know what your insurance policy covers and get an estimate on damages to your vehicle. If negotiating with the adjuster is going around in circles with no end in sight, it would be wise to hire an attorney so they may handle the rest of the negotiating for you.

There is a time limit to file a claim for a car accident. The statute of limitations in car accident cases is governed by state law, and varies from jurisdiction to jurisdiction. In most states, drivers have as few as 1 year or as many as 5 years to file a lawsuit or car accident settlement against another driver that caused their injuries.

Each State has it’s own rules and regulations regarding Statute of Limitations, meaning each State’s law determines how long the claimant has to file. Typically there is a 2 or 3-year time limit to file a car accident claim. Property damage and personal injury Statute of Limitations also vary in length of time.

It’s never a good idea to wait too long although, in some cases such as personal injury claims the victim may not experience injuries for days or weeks, such as in cases of delayed whiplash after a car accident. Some side effects may not even develop until after the time limit has passed. It’s highly recommended that you contact your insurance company shortly after the occurrence in order to file a claim to be certain no time limit will restrict you from possible compensation.

A claim investigator is like a mini detective looking to either prove the claim to be fraudulent or provide proof that the claim is valid. In order for the investigator to conduct a proficient investigation, they must be thorough and ask a serious of questions to collect the necessary evidence. When investigating a possible fraudulent matter, it is typical for the investigator to ask questions and gather personal information such as:

• Who was involved?
• What happened?
• Where did it happen?
• Why did the accident occur?
• Is that all you can recall?
• Would you be able to include any other details?
• Criminal history
• Financial records and bank statements
• Telephone records

Simple questions like “who, what, where, when and how” are generally asked to begin the interview along with some follow up questions. Follow up questions can either be straightforward asking about any details that may have been left out, or if the investigator senses fraud, the investigator may request bank statements.

In the unfortunate event you become involved in a car accident, there is typically one party involved that is found to be at fault. So, what happens next if you are not the at fault party? Following an accident, you must always check for injuries, report the accident to the police and insurance companies, get examined by a medical professional to check for injuries and contact motor vehicle accident attorney. By reporting the accident immediately after it happens, the police can document everything exactly how it happened and determine who was at fault. If you were not found to be at fault, the party that was determined at fault is responsible for the damages. In some occasions the insurance company for the faulted party will deny coverage and that is when it’s crucial to contact an attorney so you may sue the other drivers insurance company.

If you have ever been in an accident and filed a claim with your insurance company, you may have heard of an insurance claims investigator. A claims insurance agent or investigator may either work with your insurance company or may be hired as an independent consultant. Basically, the insurance claims investigator will investigate and analyze facts of a claim to decide whether the case is substantial or not. The purpose of an insurance investigator is to rule out any claim that may be fraudulent or provide evidence that the claim is credible. Insurance claims investigators must be proficient in interview/communication skills. They must also be capable to think outside the box due to scammers attempting to swindle insurance companies and provide fraudulent claims. Steps the insurance investigator will take during this process include:

• Locating the claimant who will participate in the insurance claim to gather information regarding the accident. Oftentimes, the claimant will file a claim and become difficult to track down.
• Interview process, which will include interviewing the claimant as well as witnesses.
• Gathering more evidence including photographs, collecting items, measuring items relevant to the investigation.

While often used interchangeably, in some areas or jurisdictions they can have varying meanings. When filing a car accident claim, it’s important to know at least the broad definition of each. 

An incident report is a statement from a victim of a car accident or a crime. A 911 call or non-emergency call to a police station or paramedics can be considered an incident report.

A police report is a detailed description of a car accident or crime as written by the officer who responded to the scene. As these are are sworn statements written and signed by government officials, generally the police report is the one used in car accident settlement negotiations. However, recordings of 911 calls and other, less formal incident reports are also utilized by insurance claims adjusters and juries when trying to uncover the facts of the case, determine who was at fault in the crash, etc.  

The first step you need to take after becoming involved in a motor vehicle accident is to file a claim with your insurance company. Call your insurance company to report the accident immediately, regardless if the accident was your fault or not. Once you make contact with your insurance company, you will be assigned an agent who will help you along with the process. Be sure to file a police report so they can have one to keep on record. The agent assigned to your claim will send you all the required documentation such as a Proof of Claim form along with any billing information. You may also need to attach the police report which is why it’s always a good idea to make one immediately following the accident. Don’t be afraid to ask your agent any questions you may have. If your car is completely totaled, you may have some questions like, how much money you can get for your vehicle. You might also have questions about renting a car while your vehicle is in the shop for repair. There will be some type of deadline to complete filing your claim as well as a deadline to submit any billing. 

Car accidents can leave you frazzled and confused. In the midst of all the chaos, one thing you should never forget to do is contact your insurance company immediately. You’re already paying for car insurance, why not put it to use in the unfortunate event of an accident. Negotiating with insurance agents and filing claims can be just as exasperating as the collision. Stay calm and patient. The process may go quicker than you think especially if you have collected evidence and followed the proper steps following the accident. Here are some necessary steps to follow after being involved in a collision:

1. Contact the police– your insurance company will likely ask you to provide a police report.
2. Contact your insurance company– contact your insurer to report the mishap at the earliest opportunity. They will ask you a series of questions regarding who was driving the car, who was injured, location and time of the collision, essential descriptions of the collision, which car on the policy was involved etc.
3. Gather vital information regarding the accident– once you’ve contacted your insurance company, they will assign an adjustor to your case. The adjustor will conduct an investigation. Be proactive and provide your adjustor with photos from the scene, contact info from other parties involved, inspection evidence from both cars for damage and witness information.
4. Contact your medical insurance if injuries are present– claims can be influenced due to the severity of any injuries.
5. Follow up with your insurance adjustor – Make sure the story you’ve told the adjustor and the story they have on file match up. This is important because the adjustor will determine who the at-fault party is with the given facts.

Just like claiming personal injuries after a car accident, there is a time limit to file a claim with the insurance company. Each timeframe is different depending on each states laws as well as the insurance providers. However, there is a general timeframe for filing claims for personal injures and property damage. Personal injuries need to typically be filing within a two-year timeframe and usually need proof of medical treatment. And property damage needs to be filed within a three-year timeframe. If you do not file these claims within these timeframes this means the statute of limitations has expired and you can no longer receive compensation for these issues. This does not mean your claim needs to be settled within the statute to limitations however, it must be filed within the timeframe in order to file a claim.

At the scene of the accident, it is always a good idea to call your insurance provider however; there are some instances where it is not necessary to file a car accident claim.

• Single car accident- A single car accident always means that you are determined to be the at-fault party. There was no one else involved therefore you are solely responsible. If you do not have collision coverage your insurance policy is not responsible for the damages.
• Costs of repair are low– If you can afford the costs of repair it might be a better option in comparison to deductible costs.
• No damage- Often times, small fender benders result in little to no damage to either car. It would be wise to exchange information just to be careful however, not necessary to file an auto accident claim.

When you are in a car accident where the other driver was to blame, you probably filed a claim with the other person’s insurance company. But settlement negotiations are stalled. You cannot seem to get the claim settled for what your attorney thinks it is worth. Should you settle out of court, or file a car accident lawsuit?

There is one major reason to file a lawsuit after a car accident: Money. Plaintiffs do not file lawsuits unless necessary most of the time. If you and your attorney do not think the insurance company will make a fair settlement offer, then it is time to consider a lawsuit.

How far apart the plaintiff and defense should be before filing suit will depend. Lawsuits are usually filed in car accident cases where there is strong disagreement on your pain and suffering. There is no exact calculation possible for your pain and suffering; there are only educated guesses. Sometimes the plaintiff and defense will come to very different conclusions about what your pain and suffering is worth.

For example, say you and your attorney value your auto accident settlement at $40,000 to $60,000. The insurance company offers $50,000. Most attorneys would advise you to settle immediately; it is not worth filing suit over only $10,000. An offer of $38,000 would probably be one to take the settlement as well. But if the insurance company low balls you with a $20,000 offer, a lawsuit is probably in order.

The law enforcement agency that took the report will not send the report to your insurance company, but once you have a copy of the report you can and should do so.

Using the police report as evidence in your car accident claim is an easy way for the insurance company to verify who was at fault in the car accident. After a police report is filed, the details of the accident will be accessible by the Department or Bureau of Motor Vehicles. The DMV will also share reports and details of the accident with an insurance agency upon request.

So while the police report won’t be sent to your insurance company for you, if it clearly shows that the other driver was at fault, you should definitely send it in yourself, as it could help you get a larger car accident settlement.

Driving on the road can be scary. You never know how experienced other drivers around you are. If you drive, odds are that you will become involved in an accident at some point in your life. After the collision things may seem tense and stressful, but it is your job to follow the steps necessary to file a claim with your insurance company so you may be compensated for the damages caused by the accident. If you are injured or have property damage to your vehicle, it would be wise to file an insurance claim immediately. After all the stress of an accident, things may seem complicated and confusing when it comes to the insurance claim process. If you decide to hire an attorney who concentrates in accident claims, they may help speed up the process and will help file the claim for you.

Unfortunately, when you become involved in an accident even if the accident was not your fault, it may affect your insurance premium. According to Car & Driver magazine, filing a claim for a car accident that wan’t your fault adds an average of 10% to your annual premium. This is often the case in rear end collision settlement claims, where the car in front is almost never at fault, but can still see large premium increases. This will vary from each insurance company as well as what state you are in, so it’s usually helpful to do some research, ask your insurance agent, or even speak to a car accident lawyer about your situation.

It’s hard to wrap your head around why insurance rates would go up due to the negligence of others but insurance rates will go up depending on how risky of a driver you are. The more accidents you are involved in whether or not it was your fault, the higher your rates will increase. You can think of it like health insurance. If you are a healthy, young adult with little history of illness it is most likely your health insurance won’t cost very much.  However, an older adult with health complications is considered high risk and will typically result in higher insurance rates.

Since car insurance is about risk, the more mishaps you have, the higher likelihood that you will be associated with more auto accidents, or accidents that will result in them having to pay out high average car accident settlements, will usually end up resulting in higher insurance premium rates, regardless if you were at fault or not.

However, there are ways to avoid having an auto accident claim on your record raising your insurance rates. Even if the accident is not your fault, call police and file a police report for the car accident (if property damage or personal injury was incurred). Although this doesn’t keep insurance companies from increasing your premiums after filing a car accident claim, it at least provides proof that you have nothing to hide in terms of responsibility for the accident.

Another strategy is to contact your insurance company regardless if you are at fault or not. You can explain the situation in person or online and ask if they will waive the increase in premium for this incident only. If it was not your fault, your insurance rates should remain relatively low. If it’s hard to get an answer over the phone, contact your insurance company in writing.

The value of a car accident claim is largely determined by 2 things:

1. The type of and severity of injuries suffered in the crash.
2. Who was at fault and the circustances surrounding the car accident (i.e. who was at fault, were they speeding, under the influence, etc)

However, by looking at average payouts for different car accident injuries we might get a good idea what similar car accident injury claims will be worth.

Here are common payout patterns in car accidents, according to the type of accident and injury:

• Head On Collisions: In a head on collision, the occupant, especially if not wearing a seatbelt, will continue to move forward when the vehicle comes to a stop. It is common for the initial point of impact to be the hips and legs, which can cause ankle fracture and dislocation; knee and hip injuries and femoral fractures. The average settlement for hip injuries in car accidents is largely dependent on whether or not surgery is involved. If so, the medical bills and time out of work will go up quite a bit and will increase the settlement amount. The head and cervical spine may strike the windshield and steering column which can also cause serious head and injuries. The average settlements here can vary widely, as the injuries when someone hits the windshield can range from mild concussions to paralysis and death. The average payout for a car accident wrongful death settlement is usually high, often 7 figures.

• T-Bone Accident Settlements: In a side impact crash, the crash victim accelerates away from the side that is hit. In addition to hip and knee injuries, this can cause compressive pelvic damage, pulmonary contusion, organ injury and rupture of the diaphragm. The average settlement for a t bone collision is somewhere in the $15,000-$25,000 range, depending on the severity of injuries and if there are internal injuries or now. 
• Rear End Collision Settlements: Rear crashes often cause severe cervical spine injury if the head restraints do not fit the person properly. Rear end collisions are also the leading cause of car accident whiplash cases, the most common car accident injury there is. Whiplash settlements tend to be on the low side, in the $5,000-$10,000 range, although severe or chronic whiplash cases can produce much larger auto accident settlements. 
• Pedestrian Car Accident Settlements: In pedestrian accidents, severe lower leg injuries are common due to impact with the bumper of the vehicle. It’s not uncommon to see torn ACL injuries and broken legs. Another important point in pedestrian accidents is the lack of head protection. Head and torso injuries also occur when the pedestrian hits the windshield. Ground impact can cause head injuries. Because of this, the fatality rate is high for pedestrians hit by cars, so is the rate of serious injury. Both of these often result in very high average settlements.
• Average Motorcycle Accident Settlement: Motorcyclists experience serious head injuries when the head hits another vehicle or the ground. Although safely technology has improved greatly over the past 10-20 years, helmets reduce fatal head injuries by 1/3 and the risk of serious facial injury by more than half, motorcycle accidents are still much more likely to cause serious injury or death. Average motorcycle accident settlements are high, probably more than $25,000. 

In most of these cases, speaking with a car accident attorney to understand your options is a good idea. They’ll be able to give you a good idea how much your car accident injury claim is worth.

Approximately 40,000 people die in auto crashes in the US each year, and the number of car accident fatalities looks to be increasing in 2021.

High speed auto collisions frequently cause fatal injuries, as do head on collisions. Truck and motorcycle accidents also have a much higher fatality rate than normal car accidents. The most common fatal injuries are:

• Head and brain injuries: A severe blow to the head can cause a skull fracture and fatal brain injury. Some car accidents may involve severe head trauma that does not kill immediately, but brain swelling often can be fatal in the days after the crash.
• Neck injuries: A crash with enough force at the wrong angle can cause the head and neck to whip with enough force to break the neck and spinal cord. This is usually fatal.
• Chest injuries: In many head on crashes, the chest can be crushed by the immense force when it strikes the dashboard or steering column, even if the airbag inflates. This can cause severe bleeding and organ damage that can be fatal.
• Burn injuries: Many rear-end collisions can lead to a fuel tank rupture and fire that can cause fatal burns.

Not every car accident fatality is immediate. A person could be hospitalized for days or weeks with a head or neck injury or severe burns. Delayed fatalities after a serious auto accident can be devastating for the family as they must watch their loved one suffer.

Car accidents can cause many serious personal injuries and sometimes death. Drivers and passengers often suffer these injuries when slamming into part of the vehicle during the accident. The common injuries in car accidents include:

• Brain injury: A blow to the skull or an object piercing the skull can cause grievous brain damage; this is known as a traumatic brain injury (TBI). A TBI can be mild, such as a concussion, or severe, leading to serious cognitive and motor problems. Whiplash is another major cause of concussions in car accidents.
• Neck or back injury: Whiplash is the most common injury, where the neck is stretched and bent beyond its typical range of motion. The most common cause of whiplash in car accidents is rear end collisions. When one car is stopped and is hit from behind, the occupant(s) of that car get thrust forward. When this happens, the body leads and the head follows, usually in a snapping forward and backwards motion, causing an unmanageable amount of force and pressure on the neck, ultimately causing whiplash.
• Back injuries: Lower back injuries in car accidents are common. These injuries can range from minor sprains to herniated or bulging discs, and can take quite a while to fully heal.
• Chest injury: The massive impact of a crash can shatter ribs or the breast bone, especially if seatbelts were not worn.
• Abdominal or pelvis injury: Hip fractures and damage to abdominal organs are common in high speed car accidents.
• Leg and knee injury: Most leg and knee injuries suffered in auto accidents are crush or impact injuries due to the legs smashing into the dashboard. This is actually so common that there’s an injury known as “dashboard knee“.
• Foot injury: Ankles, feet and toes can be broken in many car accidents.
• Cuts and scrapes: Shattered automotive glass can cause severe lacerations, while airbags and other objects in the passenger compartment can leave scrapes and lacerations.
• Feet, toes and limbs may also be mutilated and require amputation; this is more common with motorcycle accidents.

According to the NHTSA, below are the top causes of fatal car accidents:

1. Speeding: Everyone in America seems to be in a rush. Driving too fast for conditions, or more than the speed limit, is the most common cause of fatal car accidents. Driving too fast in adverse weather conditions causes many deadly crashes. Other factors include driving too fast around a curve; not understanding the intentions of another driver; inability to slow in time due to speed; and inability to compensate for maneuvers by other cars due to speed.
2. Under the influence: People are legally impaired by alcohol when their blood alcohol level is .08 g/dL or higher. Statistics state that 12% of drivers in fatal wrecks were legally intoxicated. But it is possible to get into a fatal crash even if your BAC is below the legal limit.
3. Veering into another lane: Drivers sometimes fail to stay in their proper lane. This can be from distracted driving due to cell phone, falling asleep, or impaired driving. Also, drivers who suffer a sudden medical condition can veer into another lane and cause a fatal crash. Approximately 8.5% of fatal accidents are this type.
4. Failure to yield: In 7% of fatal crashes, the driver did not yield right of way. When a driver fails to yield, the chance of a fatal car crash rises. This is a common cause of T-Bone car accidents at major intersections.

 

Whiplash is the most common injury seen in car accidents, as are many other neck injuries. This is largely because when the force of one car hitting another rattles the car, and passengers in it, the head can tend to snap back & forth (often occuring in rear end collisions) or side to side (often occuring in T Bone accidents) very violently. Whiplash settlements can vary widely depending on the severity of the injury, work and family situation of the victim, and a number of other factors.

Other common car accident injuries include soft tissue injuries – basically cuts, scrapes, bruises & sprains. With more severe car accidents, more catastrophic injuries such as broken bones, head injuries, and sometimes fatalities can occur from car accidents. Wearing a seatbelt is always a good idea and helps make sure the injuries sustained in an auto accident are on the less severe end of the spectrum.

Some states have no fault insurance laws, which means you are supposed to make a claim with your own insurance company for damages and injuries in an accident. Who was at fault is not supposed to matter in most car accident settlement claims in no fault states, but it can matter, depending upon the state and the amount of injuries involved.

There are no states that have no fault insurance where it is ALWAYS impossible to file a car accident lawsuit against the other driver. However, most no fault insurance states do make it harder to file a lawsuit. Most of these states will allow for civil litigation IF the damages go over a certain amount that can vary by state. In many states, it is possible to sue for actual damages – medical costs and lost wages primarily – but not pain and suffering.

There are two basic types of thresholds in states with no fault insurance:

• Monetary: The state allows personal injury lawsuits if your medical expenses go over a certain amount. $5000 is a common number.
• Verbal: The state allows a personal injury lawsuit if the injuries are ‘serious.’ As you would expect, any wrongful death car accident claim is universal considered serious but otherwise the definition will vary by state.

Some states allow you to add on no fault insurance to your policy. In these states, the driver can pay more each year to add personal injury protection (PIP) coverage to the policy. If you are injured, you will be paid no matter who was at fault. Still, you may be able to sue for injuries and even pain and suffering.

There also are states that have ‘choice no fault insurance.’ These systems vary, but essentially drivers can choose whether they want no fault insurance or keep their full rights under a traditional tort-based system. If you select no fault, you have limited rights to sue, and other people have a limited right to sue you. If you go with the tort system, you can sue for all accident injuries, but not if the other driver selected no fault.

A major factor in who is blamed for a car accident is the opinion of the police who responded to the scene. It is common for the police officer’s version of events to be more reliable than that of either party to the accident. That is why insurance companies usually use the police report to determine who was most likely at fault. The police report can often ‘break the tie’ between two people who claim the other party was at fault.

Other evidence that can be used to determine fault in a car accident includes:

• Evidence gathered at the scene. When you are in an accident, it is helpful to collect evidence at the crash scene if you can. Take as many photos of the accident scene, car damages, tire marks and vehicle position as you can. The more evidence you can show that points the finger of blame at the other person, the better.
• Admitting fault. It is very damaging to your case later if you admit any fault at the scene of the accident. When speaking to the police, simply state the facts of the accident as you believe them to be. Even if you think you were at fault, you still should not volunteer this information. Allow the police and insurance companies to draw the conclusion on their own.
• Witness testimony. If there were witnesses to the accident, what they say to the police can be very important to establish liability.

If you are in a car accident where each driver was 50% at fault, what happens next depends upon the state in which the accident occurred. Below are the three major types of negligence law in effect in the various states. Which type of negligence law is in effect in that state affects your ability to sue or be sued for damages:

• Pure contributory negligence: This is the most draconian type of negligence standard that only a few states have. It means if you were even 1% at fault for the crash, you cannot recover damages at all. The same holds for the other driver: If they were 1% at fault, they cannot recover damages. So, in a 50 50 accident, the injured driver theoretically cannot recover damages.
• Pure comparative negligence: You can recoup damages in proportion to your degree of fault. If you are 50% at fault and have $5000 in damages, you could recover $2500.
• Modified pure comparative negligence: This means you can also recover damages based upon your degree of fault, up to a certain percentage of fault. If you have $5000 of damages and were 50% at fault, you generally can recover $2500. But some states have a 49% threshold, so theoretically you could be barred from recovery.

Most drivers eventually get into car accidents. Below are the most common legal consequences if you are at least partially responsible for a car accident:

• Lawsuit: Most car accidents do not actually end up in court. The clear majority are settled by insurance companies representing both parties. But there are exceptions where a lawsuit can come into play. The insurance company for the responsible driver may not want to pay as high a settlement as the person thinks he is owed. If this occurs, the other driver could file a lawsuit against you. Your insurance company usually will defend you. But if injuries and damages go over your policy limits, you may be held personally liable.
• Criminal charges: Most car accidents, even if you were 100% at fault, do not result in criminal charges. Car accidents usually only involve a criminal charge where there was reckless driving, or drugs and alcohol was involved. If you are drunk and injure someone in a car accident, you could get at least a few days to weeks in jail and fines into the thousands of dollars.

On a related note, being held liable for a serious car accident usually will cause a spike in your auto insurance rates.

Currently there are 12 states which are considered “no fault”. This means that in the event of a car accident, each driver’s insurance company would cover their own client’s medical expenses, lost income, and so on. This is different from most states in that in the other 38 states, the driver found to be at fault is responsible for the other persons damages, so any attempts to file a car accident claim would be with the at fault driver’s insurance.

Here’s a good way of thinking about it – if  the car accident settlement check came from an insurance company that isn’t your own, you are not in a “no fault” state. If it came from your own insurance company, you were in a no fault state.

The current No Fault states for car accidents are:

• Hawaii
• Utah
• North Dakota
• Minnesota
• Kansas
• Michigan
• Kentucky
• Pennsylvania
• Florida
• New Jersey
• New York
• Massachusetts

Yes, you can be sued in most states if you caused a car accident with injury. Even in no fault states, you can be sued in some accidents where the damages are beyond a certain level. Being served with lawsuit documents after a car accident is stressful, but keeping calm is important to make the best decisions.

It is common to be sued months or even years after a car accident. The first thing to do is to call your insurance company and tell them you are being sued. They should already be familiar with the accident. Next, call your attorney. Next, you will need to deny or accept what is alleged.

The case at this point could go to trial, with discovery being next. But after discovery is complete, both sides will try to reach a settlement. The worst case is the case will go to trial, and you could be responsible for any judgment beyond coverage limits, but this outcome is unlikely.

While the answer to this question is almost always yes (technically, you can sue just about anyone for just about anything), the better question is probably SHOULD you sue if you are in a car accident.

The process of filing a car accident lawsuit can be a long one, so whether or not you should sue is one that should be considered. Here are some questions to ask yourself when considering whether to sue after a car accident or not:

1. Were you injured, did you miss work, and was the damage to your vehicle substantial?
2. Is the insurance company offering a settlement already? If so, is it adequate to cover the damages above?
3. Were you at fault or partially at fault for the auto accident?

The first two questions pertain to the thought process you probably want to go through if you were injured in a car accident and not at fault. If there were substantial damages, injuries, and/or lost income, and the insurance company is not offering a settlement or offering something very low, you should probably consider filing a car accident lawsuit. If the settlement offer is enough to fairly compensate your damages, you will need to decide whether it’s worth the time, effort, and expenses (while most car accident attorneys don’t charge any money up front or out of pocket, they are compensated as a percentage of the settlement, usually 33%, which can be a lot of money). If you can avoid the time and hassle of filing a lawsuit, and still get fairly compensated for your car accident injuries, you may be better off settling.

If you’re found at fault, generally you won’t win a lawsuit in court. However there are many instances where partial fault is attributed to both parties, and those are often sorted out in a car accident lawsuit.

In any event, you should probably discuss your options with an experienced car accident lawyer in your state and decide the best course of action.

If you are planning on filing a car accident lawsuit, it’s almost always a good idea to hire an experienced car accident lawyer to represent you. Unless your car accident case is a very simple dispute with only minor injuries and damage to your vehicle, filing a lawsuit on your own without the assistance of a car accident lawyer is not usually advised.

An experienced car accident lawyer can help make sure that all your legal rights are upheld and that you get the maximum amount of financial compensation allowed under the law. Rest assured, the insurance companies involved in your case will be represented by expert attorneys, so trying to go it alone without legal counsel on your side can mean you do not get all that you are entitled to in compensation for your physical injuries, damage to your car, and other expenses.

While you are allowed to represent yourself in court, when it comes to whether you need a lawyer for your car accident lawsuit, the answer is almost always going to be yes.

 

How long it will take to get a settlement and a check depends upon three major factors:

• Treatment must be completed, or maximum medical improvement must occur. After a car accident with serious injuries, it could take weeks or months for you to complete your treatments, or to attain maximum medical improvement. It is important to wait until one of these occur; you do not want to take a quick settlement immediately after the accident, only to discover that your ‘minor neck pain’ turns out to be a ruptured disc that take a year to fully heal.
• All medical bills and records must be obtained. To get the case settled faster, it is critical to have all your medical records and bills delivered to your attorney ASAP. Settlement before a lawsuit is almost always based solely on what is in your medical records and medical bills. How those records reflect on the nature and state of your injuries are the most variable part that insurance companies will use to determine what the value of the claim is.
• Waiting for a response from demand letter. After your attorney sends a settlement demand with all relevant records and bills to settle the claim, the insurance company needs time to evaluate it. Most claims should not take more than three weeks, but it can. Your attorney will need to follow up with the insurer to keep your case at the head of the line. According to some attorneys, it is common for the insurance company to have a settlement offer within 60 days.

Bear in mind that some insurance companies will start to drag their feet once the settlement has been resolved. Good attorneys stay on top of the company to make sure you get that settlement check as soon as possible.

Many car accident victims do not realize that most claims end in settlement, not at trial. Most insurance claims for accidents are resolved via settlement even before a lawsuit is filed. Lawsuits take time, which most plaintiffs do not want as they have medical bills to pay. Many insurance companies do not want to go to trial either as litigation is expensive. Also, juries are notoriously unfriendly to insurance companies, and the verdict could cost the insurer more money than a settlement.

However, if the insurance company does not respond to your demand letter in a timely way, you may need to file suit. The legal complaint on the other driver can take up to three weeks for him to respond.

Next is the discovery process. Each side of the case will request documents and information from the other side. Depositions may also be taken. This process can take weeks to months.

The trial is the last part of the process. It is possible for some car accident lawsuit trials to take place many months after the accident. The trial itself could take weeks to conclude.

This lengthy legal process is why most car accident cases settle. A lawsuit is very expensive and time-consuming for both sides.

The amount you can sue for in a car accident depends upon the severity of the accident and the damages involved. You should talk to an attorney in your area to get an idea what you case could be worth. But below are some rough guidelines for common car accident cases. Your case could involve figures much more or much less:

• Minor injuries with minor soft tissue or whiplash injuries can have settlements for $10,000 to $25,000.
• For more serious orthopedic injuries that need PT, surgery and after care, settlements can be $50,000 to $75,000.
• Spinal injuries that do not cause paralysis can be from $75,000 to $100,000.
• Injuries with paralysis will be in the high six figures or into the millions.
• Brain injuries with cognitive impairment can have settlements in the $100,000 to $250,000 range.
• A catastrophic brain injury case can involve a settlement in the millions of dollars.
• If the car accident victim died in the accident or afterwards, a wrongful death lawsuit usually will be filed for anywhere from $1 million and up.

If you or your loved one has been injured in a car accident, we can help you get the compensation you deserve. Call us at 877-205-4877 for your free, no obligation legal consultation. There is no charge and no obligation to hire an attorney.

Driving without auto insurance is illegal in most states. States want their residents to prove they can take financial liability if they are in an accident. If you are in an accident and do not have insurance, you could have penalties including fines, loss of driving privileges and auto registration.

In addition to this, if you were found at fault for the accident, you may be personally liable to pay the expenses of the other person or people that were injured in the accident. Since they won’t have an insurance company to try and file a claim with, they will likely file a car accident lawsuit against you to get reimbursed for their medical bills and lost income.

In short, if you don’t have auto insurance, don’t drive – if you get sued and lose, you could lose everything.

After asking, “How can a car accident lawyer help?”, most people’s next question is, “How much is a lawyer going to cost me?”

Car accident lawyers get paid when they win a car accident settlement or jury verdict for their client. This “contingency fee” is calculated as a percentage of the amount recovered—usually between 25% and 40%. Typically, car accident lawyers will charge a lower contingency fee for claims resolved via settlement, and they will charge more if they need to take a client’s case to trial.

Yes, a free consultation really is free. Your free initial consultation is your opportunity to (i) ask any questions you want to ask, and (ii) receive a preliminary assessment of your legal rights. If you decide to move forward, you will only be charged a contingency fee if you win. If you decide to hire another lawyer, you will not pay anything for your consultation.

It is only too late to get a lawyer to help with your car accident settlement if the statute of limitations for your claim has expired. A statute of limitations in car accident claims refers to the amount of time a plaintiff (or victim of a car accident) has to take a legal action such as filing a car accident claim with insurance or filing a car accident lawsuit in court. The statute of limitations for filing a personal injury claim varies from state to state, and is often different in cases of car accident related wrongful death, but typically varies from 1-5 years from the date of the accident. 

It’s usually not a good idea to wait until the very end of the statute of limitations before you speak with or hire a lawyer for your auto accident claim. It’s better to have some time to think through all your arguments, gather evidence, and wait until you’ve finished medical treatment before sending in a demand letter and trying to negotiate your car accident settlement.

However, even if you are concerned that you may be out of time, you should still schedule a free consultation to make sure you know for sure how long you have to file your claim. The statute of limitations can be extended in some cases, and you do not want to accidentally lose your right to file.

In terms of when to get a lawyer for your car accident, the answer is simple: You should schedule your free initial consultation as soon as possible. There is no reason to wait, and waiting could potentially make it more difficult for your lawyer to help you recover the compensation you deserve. Even if you have no intention of hiring an attorney, or if you still have a long recovery ahead, getting informed early is almost always a good idea, and will usually cost nothing. 

While your legal fees will be calculated as a percentage of your final car accident settlement amount, you are still likely to recover far more with the help of an attorney than you could recover on your own. For example, consider that:

• The insurance companies usually won’t pay for pain and suffering unless you have a lawyer; and,
• Your pain and suffering damages could make up the largest portion of your award.

So, even taking your lawyers’ legal fees into account, you will still take home more (and probably much more) if you have a lawyer on your side. When you schedule a free consultation, your lawyer will determine whether you have a claim to pursue, and your lawyer should provide an honest assessment as to whether he or she can help you collect more than you could recover on your own.

A single-incident traumatic event such as a car crash can lead to PTSD. While some aspects of the brain are not understood, experts agree that PTSD can occur from these events.

Exposure therapy may be useful in reducing travel phobias and re-experiencing the event. Also, relaxation therapy can help you deal with hypervigilance. Lastly, eye movement desensitization can reduce your symptoms.

Symptoms of PTSD after a car accident can occur right away, or may not show up until weeks or months later. In most cases, symptoms will appear within six months. If you’re experiencing any of the following symptoms of PTSD after a car accident, you should see a psychiatrist or mental health professional immediately to find out if you are suffering from post traumatic stress disorder as a result of your auto accident:

• Anxiety
• Depression
• Anger
• Insomnia
• Headaches
• Mood swings

If you are experiencing one of more of these symptoms of PTSD after a car accident, it could mean a much larger car accident settlement amount for you, so don’t overlook this crucial step in increasing your compensation.

One very tricky aspect of trauma is that it’s very subjective. Some people can be in life threatening head on car accidents and walk away with no apparent mental or psychological issues. Others can get in a seemingly harmless parking lot accident and suffer from debilitating PTSD, leaving them unable to drive a car or perform a range of normal daily activities.

It’s helpful to understand why some people get PTSD while others don’t. When doing so, a number of risk factors are identified around a person’s upbringing and the traumatic event. Specifically, someone is more likely to develop PTSD after a car accident if they have experienced:

• A history of mental health issues personally or in their family
• Suffered physical injuries from the car accident. 
• Have a personal or family history with substance abuse
• Had a friend or family member who was seriously injured or killed in an auto accident.

PTSD is a very real injury, and can increase the amount of compensation in a car accident settlement. If you think you’re suffering from PTSD after a car accident, it’s probably a good idea to speak to both a qualified personal injury attorney, as well as a mental health professional.

If a car accident case is settled out of court, the amount of the settlement and case details are not public record. Most car accident claims are settled out of court, so odds are that your case is not public record. 

However, cases arise where the plaintiff and defendant cannot agree on a settlement, and the case goes to court. If you file a personal injury lawsuit in court and the case is decided by a judge or jury, the results ARE public record. 

Whether the result of your case will be private or public record can be a factor when you are thinking about settling or filing a lawsuit. Most insurance companies and plaintiffs want to settle out of court. This can happen in arbitration or mediation, rather than going to court because more flexibility is allowed and costs less. Settling also keeps your name out of the public record. 

Your attorney can advise you on whether to file a lawsuit or not. If you want to keep the details of the case and settlement private, filing a lawsuit may not be a good choice for you. Your attorney also can rely on his previous litigation in car accidents and determine whether it is likely you could prevail in a trial. 

While individual states may differ slightly in terms of tort laws governing negligence and personal injury claims such as those stemming from auto accidents, generally speaking any state will award reasonable settlements based on evidence presented in court by both parties demonstrating their losses due negligence or other wrongful conduct by another party following an auto collision. However some states do have partial fault and comparitive negligence laws in place, meaning if fault is questionable or shared by multiple parties involved in the crash, you may be entitled to much less car accident compensation, or possibly even none at all. 

The simple as yes, you can negotiate a car accident settlement. In fact, most car accident injury lawsuits are settled by the parties before a trial is held. Only a small fraction of court cases ever go before a jury. Instead, the parties to the case most often agree to settle the case and avoid the need for a jury trial.

In most cases, an insurance company can save thousands of dollars by negotiating a settlement to a car accident case, rather than going to trial and letting a judge or jury decide how much an injured party should get. For an injured party, negotiating a car accident settlement can provide a faster way to receive financial compensation they are entitled to without risking a long and expensive trial, which may not come out in their favor.

For these reasons, negotiating a car accident settlement is a common practice.

Negotiating your car accident settlement may be common, but it can be complicated. Most of the time, you’ll want a qualified motor vehicle accident attorney on your side, helping make sure that your legal rights are upheld while you negotiate your car accident settlement. Your attorney can help make sure that you are fairly compensated for your injuries, including medical bills, lost wages, pain and suffering and other damages. 

In a car accident case, there are two types of damages available to the injured party. These are economic (special) and non-economic (general) damages. 

Special damages are simple to calculate because they involve your property damage, medical bills, and lost earnings. They are easy to calculate. General damages refer to pain and suffering, which means physical pain and discomfort, but also emotional stress and anxiety. 

It is hard to determine what pain and suffering is worth. But insurance companies usually rely on one of two approaches. 

The first is the multiplier method. This is where the company adds up your economic damages, and multiplies then by 1.5 to 5, depending on the severity of your injuries, recovery time and whether the driver was clearly in the wrong. 

Other insurers may use the daily rate or per diem approach. This method assigns a certain dollar amount for each day you have to live with the pain of the accident. You can ensure your per diem rate is ‘reasonable’ by comparing it to what you earn in your job each day. 

If you are trying to negotiate your own settlement, use both the multiplier and per diem approaches and see what you come up with. If they are very different, that is fine. At the end of it all, you will need to negotiate that number with the insurance company. At least you have a ballpark range of what you should settle for. If you have questions or are feeling uncertain, have a personal injury attorney represent you. 

How your car accident settlement will be paid out depends in part on the status of the other driver who hit you. If the person you are settling with is uninsured, make sure your agreement is in writing and signed by both parties, not just a verbal agreement between you and the other driver, which may not stand up in court.

Depending on the laws in your state, you may be able to file a lien on the at-fault party’s property or pursue a judgment against the driver either through small claims court or local civil court.

If you are dealing with the other driver’s insurance company, it’s a more straight-forward process. Typically, once you’ve agreed to a settlement amount, the other driver’s insurance company will send you or your attorney a “release” for your signature. In this legally binding document, the insurance company agrees to pay you a stated amount in exchange for your giving up the right to pursue the insurer, or the insured other driver, for any future damages arising out of this particular car accident. In most cases, the insurer will not pay you the amount until it has received back the signed release. But once the release is returned, the insurer will send a settlement check.

If you are represented by an attorney, the check from the insurance company will usually be made out to you and your attorney. Your attorney will deposit the check in a law firm account and will write you a separate check after taking out any of his or her attorney fees and costs.

It’s important to note that in most states, lawyers, doctors and others who are owed money for working on your case get paid first before the balance of the settlement amount is paid to you, the injured party.

Here are some ways you can maximize the compensation you receive for your car accident settlement:

• Take pictures: They say a picture is worth 1000 words – never is that more true than when negotiating a car accident settlement. Make sure to get pictures of everything you can – your car, their car, road conditions, traffic signs, etc.
• Watch what you say: Sometimes a simple explanation or apology can be misconstrued as an admission of guilt. Don’t say you’re sorry, or you should have been paying more attention, or say you were distracted. Your words can and will be used against you.
• Seek medical treatment immediately after the car accident. If you delay, the at fault driver’s insurance company may try to claim that you’re not that seriously injured. Also having documented medical expenses will make your car accident claim stronger and easier to prove.
• Make sure you’re fully healed before writing a demand letter and asking for a settlement amount. If you accept a settlement before you’re 100% and then lingering injuries pop up and/or get worse, you’ll have no recourse and will be forced to pay out of pocket for any subsequent medical expenses.
• Get help: It’s always a good idea to speak to a lawyer who can help you better understand your situation, potential damages, and other ways to maximize your auto accident settlement. Almost all personal injury attorneys will give a free consultation, so there is no harm in getting an expert opinion or two.

Additionally, documenting all aspects of the case — including medical expenses, lost wages due to being unable to work, and property damage — can help strengthen any potential claim for increased compensation.

The car accident settlement process can range from quick & painless, to long and drawn out, depending on the details of the accident, the complexities of the case, and the insurance companies & attorneys involved. In general, here is the timeline for the car accident settlement process:

1. Claim gets filed with the “at fault” party’s insurance company
2. Insurance company investigates the claim, gathers evidence, and speaks to witnesses & experts, etc. 
3. Initial settlement offer is made to the plaintiff
4. If satisfactory, the settlement is reached and the matter is closed. However this is usually not the case, as insurance companies will often times try to lowball the initial car accident settlement offer. 
5. If the initial settlement offer is not satisfactory to the injured party, there is a negotiation process that can involve many rounds of back & forth, usually with both parties presenting evidence and arguments as to why their position is correct. 
6. If a settlement amount that works for everyone is reached, the process is over. If not…
7. The process of filing a car accident lawsuit can follow, which will then take many more months, if not years, to litigate. As such, it’s usually in everyone’s best interest to reach a fair settlement for the car accident. 

While many factors along the way can affect the time and outcome of a car accident settlement, documenting everything, knowing how to deal with insurance companies, and hiring a good car accident attorney can all help make the process smoother and faster. 

Having pre-existing injuries can make collecting a car accident settlement tricky, and in some cases can really hurt your chances at getting enough compensation to cover your medical bills.

The key questions to ask here are:

1. What was the scope and location of the pre-existing injuries?
2. What was the location and scope of the new injuries caused by the car accident?

As a general rule, if the injuries that pre-dated the crash were not made worse, don’t expect to be compensated for those injuries. If there are new injuries in the same area as the existing ones, you’ll need to prove that they were not there prior to the crash for them to be included in the car accident settlement offer.

However, as with most things involving auto accident law, this is not a black and white issue. In some cases, it may be possible for an injured party whose pre-existing condition was worsened or prolonged as the result of an accident to claim compensation for the degree which the pre-existing condition was made worse as a result of the accident.

In a best-case scenario, a car accident settlement will take a few weeks. This however, rarely happens. Insurance companies are known to try and offer lowball initial settlement offers to save money. Adjusters will often play on the lack of knowledge of most people injured in car accidents, and the desire of the plaintiff to get the situation resolved quickly, to get away without paying the total amount of damages. 

This is why it’s so important to document everything – take pictures, talk to witnesses, and hire a good car accident lawyer. In most cases, the initial car accident settlement offer is just a starting point for negotiations… then it’s up to the plaintiff to document medical bills, lost wages, and lifestyle adjustments made due to the injuries caused as a means of proving the monetary value of their claims. 

As the evidence gathering, witness statements, and back & forth negotiations all take time, the car accident settlement process can take many months and in some cases years, to reach a fair auto accident settlement. In more contentious car accident claims where neither party is willing to accept responsibility or agree on the circumstances surrounding the accident, legal action may be unavoidable. At this point the claim may go into arbitration, or a car accident lawsuit may be filed so that the parties can argue their side of the story in front of a neutral 3rd party and have them make the final decision.

Please note that this time frame is extremely variable and each case will be unique. There are many factors to consider, such as severity of injuries suffered in the crash, share of liability amongst drivers involved, type of vehicles involved and insurance coverage (for example, commercial vehicles such as delivery trucks are required to carry higher insurance policy limits, making the average settlement for commercial vehicle accidents higher than a normal car on car collision), conflicting medical opinions from doctors involved in your care, etc.

There are 2 parts to this – the negotiation, and the process of getting your check. Once the settlement is agreed upon, the process usually takes 2-3 weeks for the insurance company to issue a check. However the negotiation prior to the agreement can take months, sometimes years, depending on the severity of the auto accident and the amount of ongoing medical treatment associated with the injuries.

The good thing about auto accident attorneys is they only get paid if they win. Their fee is a percentage of the amount of the money they recover for you, known as a “contingency fee”.

Think of a contingency fee like a commission. Just like a salesperson only gets paid if they close a deal, and then gets a percentage of the sale they made, contingency fee lawyers collect their fees as a percentage of the settlement.

This allows you to select the best car accident attorney for your case without worrying about upfront fees. This also ensures that the lawyer is incentivized to settle the car accident claim quickly and for as much money as possible. This stands in stark contrast to many attorneys who get paid high hourly rates, who become incentivized to work slowly and let things drag our while they bill their clients hundreds of dollars per hour. 

Contingency fees can range from 25%-40% of your settlement, with average contingency fees for personal injury attorneys usually falling in the 33%-35% range. This may seem high, and in some cases it might be easier and more lucrative to settle the car accident claim yourself. However there are 2 very important considerations when deciding whether to hire an attorney for your car accident settlement or negotiate yourself: 

1. Will the attorney’s expertise and experience in negotiating car accident settlements with insurance companies result in a settlement that’s at least 30% higher than what I’d be able to negotiate myself?
2. How much time am I willing to put into writing car accident settlement demand letters, sitting on hold with the insurance company, getting frustrated about lowball settlement offers, etc.

Depending on your faith in your negotiating skills and the amount of free time on your hands, you may or may not decide hiring an attorney for your auto accident settlement is a good idea. In smaller claims where there aren’t a lot of damages or serious injuries, saving on the legal fees might be the better option. However in more complex car accidents, commercial vehicle accidents, or motorcycle accident settlements where there are usually more serious injuries and higher insurance limits, the attorney fee usually pays for itself and then some, while saving you a lot of time and headache.

If you were in a car accident and you think you want to settle it yourself, below are the steps to follow. 

But you should first consider how badly you were hurt, and whether the other driver clearly was at fault. If your injuries run into the thousands of dollars and/or fault is questionable, you may want to hire a personal injury attorney. 

That said, here are the steps to follow to settle your car accident case: 

• Take photos of the property damage, scene of the crash, and your injuries. 
• Obtain a copy of the police report. 
• Get the medical treatment you need as soon as you can
• Do not provide a recorded statement to the other driver’s insurance company. 
• Do not use social media to talk about your accident. 

Next: 

• Calculate your ‘special damages,’ which are your medical bills and lost work time. 
• Calculate your ‘general damages,’ which refers to your pain and suffering. Pain and suffering is often calculated using a multiplier between 1-5. One is for minor injuries, and 5 is for serious and even permanent injuries. Most pain and suffering injuries in car accidents are valued at 2 or 3. That number is then multiplied by your special damages. 

Once you have completed the above steps, you will send a demand letter to the other driver’s insurance company. Your demand letter should include: 

• Why the defendant is liable for your injuries. 
• The nature and extent of your injuries and the medical treatment you had.
• Financial losses caused by the accident. 
• Pain and suffering. 

The insurance company may respond with a low offer, but do not take it. This is the starting point for negotiations. Make a counteroffer and continue to negotiate until you get what you think is a fair settlement. If you feel the insurer is offering too little, consider hiring a personal injury attorney. 

If you were in a car accident, you probably have a stack of medical bills, lost earnings, and emotional distress. Should you file a claim and try to get a car accident settlement?

Below are some of the factors to consider if a car accident settlement is worth it: 

• How serious was the accident? If it was a fender bender with no injuries, filing a claim and getting a settlement may not be worth it. If your damages are more serious and you have injuries, you may want to negotiate a car accident settlement, especially if the other driver was at fault. 
• Who was at fault for the accident? If you were entirely or mostly at fault, you probably will not be able to collect money for your damages and injuries from the other driver’s insurance policy. Your own insurer will repair damages to your vehicle, and it may cover some of your healthcare expenses. 
• Was your injury entirely new and due to the crash, or did it aggravate a previous injury? 
• Was your treatment excessive? An auto insurance company will not give you the full value of your medical expenses if they determine the treatment was too expensive, especially if the care was physical therapy or chiropractic in nature. 
• Did you seek medical treatment right away? This is important so the insurance company knows that your injuries are related to the accident itself. 

The decision to hire a lawyer for a car accident settlement depends on a number of things. Mostly, it comes down to the severity of the accident and related injuries, as well as your faith in your ability to negotiate & desire to deal directly with insurance companies. Here are a few questions you can ask yourself to determine the answer to this question:

1. How serious was the accident, injuries, and impact on my life (i.e. ability to work, enjoy normal activities, etc)?
2. Do I have the time and/or desire to deal with both parties’ insurance companies, possibly for months?
3. Do I know enough to negotiate a fair car accident settlement for myself? Or…
4. Do I think a lawyer will get me substantially more money that I would get on my own?

Once you have honestly answered these questions, you should have a good idea which direction to go. IAs a general rule, the more serious the accident and injuries, the more likely it’s in your best interest to hire an attorney – their experience in knowing what damages to ask for and how to talk to the insurance company can make a big difference in negotiating the highest car accident settlement possible, which can often pay for itself even after attorney fees, and save you a lot of time & stress in the process.

Pain and suffering in a car accident settlement can include physical, mental, and emotional harm caused by the injury. This could take many forms, such as physical pain, loss of enjoyment of life, anxiety, depression, disfigurement or disability. In addition to these damages, pain and suffering settlements may also incorporate reimbursement for medical costs related to treatments and long-term care that result from the injury. Victims may also be entitled to compensation for emotional distress including anguish or grief, or loss of companionship due to the injury. As pain and suffering are subjective elements in the settlement process it is important to understand how these damages can be accurately assessed.

When calculating pain & suffering in a car accident settlement, keep in mind it’s usually factored in as a multiple of total other damages. That number is usually on a scale of 1-5, with higher numbers indicating more pain & suffering, and higher payouts on the overall settlement.

For example, if you got rear ended at a stop light and the crash caused a herniated disc in your back, you would file a claim with the at fault driver’s insurance company. They would ask you for proof of lost income/wages, receipts for medical treatments and doctor bills related to the accident, and a dollar figure for what your car will cost to fix. To keep math easy, let’s say that number was $10,000. Now if you had weeks or months where in addition to not working, you couldn’t train for the marathon you had been planning, you couldn’t pick up your young child, and you couldn’t sleep more than 2-3 hours per night. The insurance company might assign a multiple of 2 or 3 to your pain & suffering, considering the loss of ability to perform basic life and hobby related tasks. This would increase the size of your car accident settlement from $10,000 to $20,000 or $30,000. Because of this, pain & suffering can be the largest factor in getting a car accident settlement that’s adequate to not only compensate you for accident related expenses, but also for the distress it’s caused in your life.

In the US, the average settlement for a car accident is somewhere around $20,000, maybe $25,000, depending on who’s stats you go by. One thing to keep in mind about averages, is that they’re often skewed by a few outliers, and this is certainly the case with car accident settlements. Just like if Bill Gates or Jeff Bezos walked into a room, the average net worth in that room would instantly go up by millions, a handful of multi-million dollar settlements bring the average number up quite a bit… so when factoring that in, the average “average car accident” settlement is probably closer to $15,000 or so.

The car accident settlement process can take months, sometimes even years to finalize because of the sheer amount of time it takes for lawyers and/or insurance companies to gather evidence, determine fault, and calculate a fair car accident settlement amount. It also takes time to see all the doctors necessary to determine the full scope of someone’s injuries and get a sense for how much their medical bills will be. For example, whiplash after a car accident can take days to set in, and chronic whiplash can last for over a year. If someone is dealing with a long term injury with unknown implications and months of physical therapy, it can take a long time to finalize the car accident settlement offer and get a check. 

If one party is unwilling to cooperate, or has an unreasonable demand for compensation after the car accident, it might cause the entire process to stretch on even longer.

Having a car accident settlement taking longer than expected is frustrating, but there’s no real way to speed up the process. You just need to be patient while the legwork is being done on your claim. It can be helpful to have an open line of communication to the insurance claims adjuster, who may be able to let you know where things are being held up or when the settlement is expected to be completed, so it’s usually a good idea to stay in touch with them throughout the process.

In legal terms, boating accidents are considered the same as motor vehicle accidents in most states. Even though boats are on the water, many of the things that lead to deaths on the roads occur with boats as well. The US Coast Guard reported in 2013 that the most common cause of death in boating accidents was simply inattention. The most common cause of driver deaths on the road is distracted driving. On the water, there may be a tendency to think there is no need to watch as closely as on the roads; after all, there is much more space typically between boats on the open water compared to cars on the road. But boats can close rapidly on one another, and hitting immobile objects with a boat is also very common.

Another very common cause of boating and car accidents is drinking. Drinking and boating is treated the same as drinking and driving. You can receive the same punishments on the water as on the road. And if you injure or kill someone due to drinking alcohol in a boat, you can do jail time and also be sued.

As with most car accidents with damages and injury, you are required to file an accident report for any accident in a boat where there was an injury, death or property damage.

There is no question that motorcycles are much more dangerous than cars. Motorcycles are only 3% of the registered vehicles in the country, but they account for a large chunk of serious and fatal accident injuries. Motorcycles are much more likely to be involved in fatal crashes. A higher percentage of motorcycle accidents are caused by drunk driving, too.

The NHTSA reports that 13 cars out of 100,000 are in fatal crashes, while 72 motorcycles out of 100,000 are involved in fatal accidents. Also, for every mile traveled, motorcyclists have a risk of a fatal crash that is 35 times higher than a car driver. In 2004, there were 37,000 people killed in car accidents and 4,000 killed in motorcycle accidents. But remember that motorcycles are only 3% of registered vehicles on the roads.

Distracted driving is the most common cause of car accidents, with the National Safety Council stating that 25% of car accidents involve cell phone use. The most common cause of motorcycle accidents is cars making a left hand turn without giving right of way. About 42% of all car accidents involving a motorcycle are due to a car turning left. Lane splitting is also a common cause of motorcycle accidents. This practice is not legal in all states; you should check the laws in yours.

A typical passenger vehicle weighs 3,000 pounds while pickup trucks tend to weigh well over 4,000 pounds. Accidents tend to happen in both types of vehicles in roughly the same amounts each year, but there are some differences.

First, as pickup trucks usually weigh more than cars, there may be fewer serious injuries with pickups simply because they are heavier.

However, it should be noted that pickup trucks usually have a higher center of gravity so they can tend to roll in an accident. Vehicles that are taller will always have a greater chance of rolling. Rollovers can lead to very serious and fatal accidents because there is a higher chance of an occupant being ejected from the vehicle.

Another common difference with pickup truck accidents is that many of them are used by companies to do various outdoor work. Generally speaking, pickup trucks are more likely to get into accidents with bikers and pedestrians.

In 2006, more than 60,000 pedestrians were hurt in car accidents. Hitting a pedestrian at more than 30 miles per hour can cause fatal injuries, but it also is possible to severely injure a pedestrian traveling at only 10 miles per hour.

If the driver is at least partially responsible for the accident with the pedestrian, he or she can be sued in most states. If the pedestrian was partially responsible for the crash, they still can file a personal injury lawsuit and recover damages in most states. However, some states will reduce the amount of the award the pedestrian can recover based upon their degree of fault for the crash.

In addition to rear end, single vehicle and side impact collisions, these are other types of common road traffic accidents:

• Vehicle rollover: These are extremely dangerous and frightening accidents. They occur when the vehicle flips onto the roof or side in an accident. Any type of vehicle can roll over, but SUVs are most vulnerable due to their higher center of gravity. Rollovers can occur when taking a turn at too high of a speed. These accidents can cause vehicle ejections, spinal cord injuries, head trauma and death.
• Head on crash: These very serious accidents often occur when a driver goes the wrong way on a highway at night. Head on crashes also are often caused by intoxicated drivers. Another common scenario is where a driver on a two lane road loses control of the vehicle due to distraction, fatigue or intoxication and crosses the yellow line into oncoming traffic.
• Hit and run: This is an accident where the driver hits another car or person and leaves the accident scene before the police arrive. All states require drivers involved in an accident with property damage or injury to stay at the scene until the police arrive. If there is serious injury, the driver is required to stay and render aid.
• Pile ups: This is a multiple vehicle crash that often occurs on busy highways. A common cause is a traffic jam caused by construction, bad weather or another accident. One driver does not slow down and rear ends another vehicle stopped ahead. This can cause a pile up with serious and fatal injuries.

BMW models topped the list of cars most likely to have reported damage in 2017, according to Wikilender. The 4 series was the most common car involved with accidents, with 18.5% of all 4 series cars on the road having been damaged in 2017. A close second was the BMW X1, with an even 18% of all cars being damaged.

Current statistics show the most common causes of car accidents are:

• Distracted driving: Driver distraction is the most common cause of car accidents. Distraction can be caused by many things – cell phone use, drinking, eating, talking to passengers, intoxication, fatigue and others. Thousands of people die due to driver distraction every year.
• Speeding: Driving above the speed limit has been shown repeatedly to kill. Speed limits are set to save lives. When people go faster, very serious accidents can occur. Also, speed limits are set for ideal conditions. It is common for drivers to drive too fast for conditions, such as darkness or poor weather. Driving at the theoretical speed limit in bad weather can be just as dangerous as driving well over the speed limit.
• Drunk driving: Approximately 10,000 people are killed every year from drunk driving. When you drink even a single drink, you lose your ability to focus on tasks, and it becomes more difficult to handle the various complex tasks required to drive safely. While the legal limit for most states is .08% BAC, it is dangerous to drive with any amount of alcohol in your system.
• Reckless driving: This can be a variety of dangerous driving actions, from changing lanes too fast, to speeding, to tailgating.
• Rain: Driving too fast for conditions is a common cause of accidents, and rain is a common reason. When the road is wet, it takes longer to stop. It is important to always slow down when the road is wet. It also is dangerous to drive too fast when the road is wet because of the danger of hydroplaning. In this situation, the rubber of the tire briefly loses contact with the road. This can lead to a spin out and complete loss of vehicle control.

If you think that small cars are more dangerous in accidents, you are right. According to the Insurance Institute for Highway Safety, the seven most unsafe models were classified as small cars or mini-cars. This data verifies the logical conclusion that smaller cars fare worst in serious crashes. But the data also shows a very large gap in fatalities between the smallest and largest vehicles on our roads.

IIHS date shows these small vehicles are the most dangerous on the roads today:

• Hyundai Accent
• Kia Rio
• Scion tC
• Chevrolet Spark
• Nissan Versa
• Ford Fiesta
• Kia Soul

The data shows that four door minicars had a rate fatality rate of 87 per million registered vehicle years, versus six for the lowest fatality category which was large luxury SUVs. That means minicars with four doors have a 15 times higher risk of fatalities. The seven worst vehicles listed above had more than 100 driver fatalities per million registered vehicle years.

The National Highway Transportation Safety Administration reports the most common type of car accident is the rear end collision. The agency states this type of crash accounts for 30% of all car accidents. The NHTSA found in a 2007 study that drivers in rear end accidents are often engaged in activities that take their attention from their driving. Also, 64% of people in rear end crashes were not looking at the roadway when the crash happened.

Another common type of car crash is the side impact crash. The NHTSA stated in 2009 that these accidents were 27% of all accident deaths in America. These accidents include the classic T bone collision that happens when one driver does not stop at an intersection where the other has the right of way. These accidents are more likely to be fatal because the sides of cars and trucks do not have the same amount of energy absorption potential as the front and rear of vehicles.

The third most common type of car accident is the single vehicle crash that can happen for a variety of reasons. This accident is especially common for teen drivers. Common reasons include running off the road due to fatigue or distraction, slipping on ice and hitting stationary objects.

While they are relatively rare, the head on collision is the type of accident with the most fatalities. Data indicates that head on accidents account for 54% of all traffic deaths, as of 2015, but they are only 2% of all crashes. The reason is that both cars are traveling at speed in opposite directions so, the impact forces are doubled. If both cars are going 45 MPH, the impact speed is 90 MPH. This is enough force to cause serious and usually fatal injuries.

However, rollover accidents also cause a high number of injuries and are more common than head on crashes. Rollovers account for 1/3 of all road deaths in the US. This could be because more people are ejected from the vehicle in a rollover. Being thrown from the vehicle either through the windshield or a side window nearly always results in grave injury or death.

Yes, you absolutely can sue for being hit by a tractor trailer or other commercial vehicle, assuming you weren’t found at fault and you were injured in the accident. The better question is, SHOULD you sue?  

If the tractor-trailer driver’s careless behavior caused injuries and damages, you could file a lawsuit against the trucker and/or commercial trucking company for your injuries. You should be represented by an attorney experienced in truck accident cases when suing a commercial trucking company. However, this may not be the best course of action. In many commercial truck accident claims, the better option is to try and get an out of court truck accident settlement before you file a lawsuit. There are a few reasons for this: 

1. Commercial truck companies and their drivers carry much higher insurance policies, so your out of court truck accident settlement could be a lot higher than a standard out of court car accident settlement where one car hits another.
2. Suing anyone, especially an insurance company, takes a long time. This means time spent, legal fees, and potentially years before you see a dime for your injuries. If you settle before going to court, you’ll probably get your money, and closure, a lot faster.
3. You could lose a truck accident lawsuit and end up with nothing.

So it’s probably a good idea to first at least try to settle your truck accident case out of court. If the insurance company won’t play ball, or makes you a lowball offer that you don’t feel is fair, you can always file a lawsuit at that point.

Most cases settle before going to trial. Trucking companies know they often are better off settling a claim than giving the case to a jury. Juries tend to sympathize with injured passenger vehicle drivers and passengers and may award the injured parties more than would have been paid in a settlement.

After a tractor-trailer accident, you should call 911 and ask for an ambulance. Most big rig accidents cause injuries for people in passenger vehicles, even if they do not think they are injured first. It is essential to seek immediate medical care after a truck crash; if you delay medical care and injuries crop up, the insurance company will argue that the truck crash did not cause your injuries.

Companies most often involved in trucking accident settlements include Werner Enterprises (960 crashes over two years), Swift Transportation (1,500 crashes over two years), and US Xpress (1,448 crashes over two years). 

These are all semi truck companies involved in major trucking shipments. There are many other companies that are involved in commercial vehicle accidents, including delivery cars/trucks, taxis and other vehicles used for business purposes.

Drunk drivers in the US kill approximately 29 people per day. That is one fatality every 50 minutes.

Depending on your level of blame for the crash, you may be able to collect damages from the other driver, but your award will be reduced based on your percentage of responsibility for the impact.

You could be held liable for the drunk driver’s damages, but juries do not tend to side with drunk drivers. So the insurance company may be willing to settle the case for less because their client was intoxicated at the time of the accident.

Causing a severe injury while intoxicated is a felony. You will probably face thousands in fines, loss of license, and jail time. You also can be sued in civil court by the injured party for damages.

Yes, auto insurance covers drunk driving accidents. If the drunk driver has auto insurance, a local attorney can help you file a claim under his or her policy. This will involve proving that the other driver was drunk, proving the financial and non-financial costs of your injuries, and negotiating for a fair auto accident settlement on your behalf. If the drunk driver’s insurance company refuses to settle for just compensation, you will need an attorney to take your claim to court.

There are also situations where you may be entitled to punitive damages due to the other driver being intoxicated, but in order to recieve them you’d have to file a car accident lawsuit, as punitive damages are never awarded in negotiations diretly with the auto insurer. 

Attorneys generally charge the same fees for all types of auto accident claims. These are “contingency” fees, which means you only pay if you win. Most attorneys charge contingency fees in the range of 33 percent, though fees can range from 25 percent to 40 percent. Even taking these fees into account, you can probably still expect to take home more with an experienced attorney representing you, because the amount of compensation you’ll get for the car accident will be significantly higher with an attorney’s help than without, and this larger car accident settlement amount will often cover the entirety of the lawyer’s contingency fees, and more. 

There is another instance when you’ll definitely want to enlist the help of an experienced auto accident attorney – if your case goes to trial. This is often a good idea when you’ve been the victim of a drunk driving accident for a couple of reasons:

1. Punative damages in a car accident lawsuit can exponentially increase the amount of your payout. Punative damages are only available in jury trials, not in settlements negotiated directly with the insurance company. These are additional monetary fines ordered by the court as a way to punish a criminal, reckless, or negligent behavior, and as a deterrent for future offenders. Drunk driving would defintely fall into this category, along with speeding, road rage, drag racing, etc.
2. Publicize the damage, and punishments, done by drunk driving. Drunk driving is one of the most pernicious and deadly crimes in our society today. By dragging this bad behavior out into the open, you can bring more attention to both the dangers, and the punishments, associated with driving under the influence. Hopefully with increased awareness and more caution will come less drunk driving accidents.

If you’re injured in an auto accident with a drunk driver who doesn’t have auto insurance, you may still have options available. For example, one option may be to seek coverage under your own insurance policy. If you have uninsured motorist (UM) coverage, now is the time to use it; and, if you have multiple vehicles in your household, you may be able to “stack” your coverage to seek additional car accident compensation.

Additonally, if you think the at fault driver has assets, you can always file a car accident lawsuit and sue them in court, since you can’t get a car accident settlement from their insurance company if they don’t have insurance. In addition to getting compensated for your injuries, lost income, and property damage (just like if you were collecting a car accident settlement), you can also sue for punitive damages. This is not an option in car accident settlements negotiated directly through insurance, and are often attached to drunk driving car accident cases. Punitive damages in a car accident lawsuit are additional monetary penalties levied on the at fualt driver as a way to both punish illegal and/or reckless driving behavior (such as driving drunk) and as a deterrent to scare other people from repeating that behavior in the future.

If you were injured in a collision while riding an e-scooter and the collision wasn’t your fault (or at least wasn’t totally your fault), a lawyer should be able to help you collect compensation for the accident. There are 2 types of lawyer you’d want to contact if you were involved in an accident on or with an e-scooter or e-bike.

If you were hit by a car or other vehicle while riding on one, this would be similar to any other car accident settlement case where you weren’t at fault for the accident – you would want to hire a personal injury attorney with experience negotiating with auto insurance companies, since that’s who would be liable to pay the settlement.

If the accident was caused by a malfunction of the e-bike or e-scooter, you would want to hire an attorney who has experience with product liability cases, since you would be collecting from the manufacturer, the e-bike/e-scooter rental company, or both.

Statutes of limitations for any accident claims vary by state. In the majority of states, victims and their families have 2-3 years to file, although a few states will only allow 1 year from the date of the accident to file a claim.

However, waiting can make it more difficult to prove your claim, so you will want to seek medical treatment, speak with a lawyer, and file a claim as soon as possible.

Post-concussion syndrome is the aftermath of a concussion where symptoms such as nausea, headaches and dizziness linger for weeks, months or even years after the initial concussion. If symptoms have lasted and recovery has not been made within the first 3 years it’s possible they may be permanent. In any case, some examination demonstrates that specific variables that are more common in individuals such as high anxiety, depression and PTSD are more common to develop post-concussion syndrome than individuals who don’t have a history of high stressors and anxiety. Specialists still don’t concur on precisely why some people get post-concussion disorder.

A concussion is a mild traumatic brain injury typically caused by an extreme blow to the head or even an intense shake or jolt of the head. Concussions are very common especially in car accidents but do not generally cause permanent damage however, any injury to the head is not to be taken lightly. It is possible that a concussion victim may not develop symptoms until day or weeks after the accident. When filing a claim for your auto accident after sustaining a concussion, you have the opportunity to ask for compensation due to pain and suffering and if work was missed, any lost wages during the time it took to recover. It’s important to seek medical treatment after the accident to ensure you receive the most compensation possible. A doctor’s testimony along with medical records will provide proof of the injury and will benefit you when deciding a settlement amount. Symptoms of concussion include:

• Memory loss
• Headaches
• Nausea
• Mood swings
• Sensitivity to light and sound
• Confusion
• Speech problems

Yes, it is still possible to get a concussion without hitting your head! Most concussions are cause by a hit or blow to the head however; you can still sustain a concussion by extreme jolts to the head causing your brain to rapidly shake back and forth or bounce around inside the skull. All of the rapid shakes, jolts ad bouncing causes brain cell damage and chemical imbalances.

A concussion is considered a mild traumatic brain injury. Any traumatic brain injury is serious enough to file a personal injury claim. If you are suffering from pain sustained from an accident and the injury has caused an interference with work losing income, you have a serious enough injury to pursue a claim. It’s possible for the victim of a concussion to sustain serious cognitive issues preventing the injured person from working or even from having the capacity to live on one’s own. Thus, if you or a loved one has sustained a concussion due to an auto accident, it is in the individual’s best interest to contact a personal injury attorney to discuss further legal options.

It is never a good idea to accept the first settlement offer. You should always get a second opinion and have an attorney review your case. Contact a lawyer for them to examine your case and check whether you have gotten a reasonable offer. Another option for reviewing your settlement value and making sure the insurance company has given you a sensible offer would be to employ your very own outside free specialist. The specialist must give reasonable settlement estimations and pay to all property damage and wounds brought about by the faulted, careless driver. Before you make any settlement decisions, consult with your attorney and take the advice they give you. They are helpful at ensuring you receive the maximum amount of compensation for your concussion.

Absolutely, you should go see a doctor if you become knocked unconscious! Head injuries are no laughing matter and any type of injuries sustained to your head or brain should be examined immediately. The scary thing about head injuries is you can’t see exactly how bad it may be. That is why it’s important to seek medical attention right away so the doctor can run imaging tests to diagnose what injuries you have. Specifically, if you are experiencing blackouts, severe migraines, disorientation, drowsiness and vomiting do not ignore these signs and go see a doctor.  

Recuperation from a Traumatic Brain Injury (TBI) fluctuates based on the damage done to the brain however is achievable. Recovery can take up to months or even years after the initial injury. Depending on the severity of the TBI, some victims may not recovery at all. Mild traumatic brain injuries more often than not, require no treatment other than a lot of rest and if need be low dose pain relievers.  Although the traumatic brain injury is mild, the victim will likely be observed closely for any worsening or new symptoms. It is important to seek out immediate medical attention if you or someone you know is experiencing any type of head trauma.

Treatments include:

• Puncturing the skull to relieve pressure and allow fluid to drain.
• Removing pieces of the skull from the brain
• An Intracranial pressure (ICP) is a bolt that is placed in the skull to monitor pressure.
• Brain tissue may be removed to make room for living brain tissue.
• Rehabilitation treatment

Whiplash is a very common injury to sustain from a car accident and is generally caused by rapid back and forth motions resulting in torn ligaments and tendons to the neck. It is possible to sustain a concussion from whiplash because although whiplash is a completely different type of injury, the same back and forth jerking motions that cause whiplash may also cause a concussion. As stated previously, rapid shakes, jolts and bouncing rattles your brain inside the skull causing concussions.

Collisions can leave you frazzled and wondering what the next step is. One of the most important questions you may ask yourself is “how much compensation can I get for my head injury?” and the easiest way to figure that out is to use our head injury settlement calculator. Our calculator pursues a general equation by including the accompanying costs together:

• Medical costs
• Estimated future medical bills
• Loss of income due to inability to work from injuries sustained
• Property damage

After you’ve added those total expenses together, a multiplier 1-5 is applied to that number that will represent the pain and suffering experienced from the injuries. The less serious the injury, the lower the number will be. If the injures sustained require a lengthy recovery and enable the victim from performing daily tasks, the number will be greater.

Injuries sustained from being involved in a car accident vary from minor cuts and bruises to life threatening injuries. Head injuries are very common and unfortunately, very serious. It’s easy to suddenly get rear-ended and hit your head against the steering wheel or dashboard leaving you with a traumatic brain injury. If you hit your head you may lose consciousness, sustain a concussion, become dizzy and nauseous, experience headaches, mild confusion, sensitivity to light, memory loss, mood swings and lightheadedness. Some common head injuries sustained from being involved in a car accident include:

• Hematoma
• Concussion
• Hemorrhaging
• Skull fracture
• Brain swelling
• Brain cell damage

Concussions are known as mild traumatic brain injuries. Trauma to the head is very serious and not to be taken lightly. If you become involved in a collision that was the result of the negligence of others and sustain a concussion, you are entitled to receive compensation. By hiring an attorney, they can ensure you receive compensation for your medical expenses, wages lost during recovery time and property damage to your vehicle. There are numerous variables that go into deciding how much your settlement estimation might be. To guarantee you get the most extreme measure of pay, it is essential to archive everything. The first and most significant advance is to receive medical treatment at the earliest opportunity. Not only because a concussion is a head injury and not to be taken lightly, but because there may be other injuries that might be unnoticed yet in addition since looking for treatment is the start of your documentation of damages.

If you sustain a head injury in a car accident due to the negligence of others, you are owed compensation from the party liable for the collision. If you are the victim you will then need to demonstrate financial misfortunes with the goal that you can legitimately reclaim the money you will need to restore your life. The money for these misfortunes is known as “damages”. Various types of damages include:

• Decreased quality of life
• Medical expenses
• Future medical expenses
• Property damage
• Wages lost during recovery time
• Pain and suffering
• Deformity (scars and permanent disfigurement)
• Unfit to earn at such extent
• Permanent disability

Car accidents can cause many types of injuries from minor cuts and bruising to severe brain trauma. After being involved in a car accident, it’s crucial you go see a doctor especially if you hit your head during the collision. You might think you’re in the clear moments after the accident yet many brain injuries may not become apparent for a considerable length of time. Avoiding medical attention while sustaining a traumatic brain injury may result in devastating, permanent damage or even death.

Head injuries are categorized into 2 groups known as open head injuries or closed head injuries. Open head, meaning an object has split open the head or fractured the skull and closed head injury meaning the skull has not been fractured but injuries to the head are still present.

Common head injuries caused by a car accident include:

• Concussion
• Brain hemorrhaging (brain bleeding)
• Brain edema (brain swelling)
• Anoxic brain injury (increase of blow flow due to lack of oxygen to the brain)
• Contusion
• Coup-contrecoup (brain slamming side to side against the skull)

Sometimes, the victim of a concussion will experience lingering symptoms similar to those of a concussion, but may also incorporate new difficulties, for example, exhaustion, insomnia and anxiety. Settlement values vary depending on how debilitating the injury leaves the victim. Other variables that go into determining how much compensation a victim may receive include pain and suffering endured as well as wages lost during recovery. Medical bills are tangible evidence when determining compensation, but other factors that are more difficult to factor in include future medical expenses as well the degree of your lost wages. Post-concussion can be difficult to diagnose so it’s important while consulting with your personal injury attorney to gather key evidence to help support your claim. Be sure to:

• Have all medical records from all doctors seen after the accident regarding the concussion/post-concussion.
• Testimony from your doctor stating the condition you have is indeed post-concussion syndrome.
• Testimony from your employer, family and friends who witness behavioral changes such as fatigue, irritability and memory loss.

There is a wide range of variables that determine how much compensation you may be owed if you have sustained physical injury from a car accident due to a negligent driver. Depending on the severity of the concussion the amount the victim may receive will be different. Minor, moderate and severe concussions will all have different ranges in compensation. Because a concussion is viewed as less than a traumatic brain injury with no long-lasting permanent effects, the settlement amount you most likely will receive will be around $1,500-$4,000.

On average a minor concussion settlement is around $1,500- $4,000. A moderate concussion settlement amount is $4,000- $8,000. And a severe concussion settlement averages around $7,000- $25,000. There is no exact answer as to how much you will receive due to many different variables and other injuries included, but here are some real examples of concussion victim settlements:

• Minor concussion and other minor injuries sustained from a car accident by a Virginia man received $290,000 settlement.
• Severe concussion and other traumatic brain injuries causing temporary memory loss and complex seizures. The woman received a settlement of $800,000.
• Woman suffered concussion and pelvic fractures after being stuck by a bus and received a settlement of $2.74 million.

When you have achieved a settlement, your concussion settlement check should contact you in two weeks or at longest about a month and a half. In the event that you have not gotten it within the six-week time period, it is savvy to contact your lawyer to perceive what may hold up the check. It’s conceivable your lawyer had sent in the settlement release sometime delayed after you signed it. If so, the insurance agent got it sometime at a later date that you expected, which postponed your normal date to receive it. Concerning settling, there are a couple of various workplaces that manage sending and accepting release statements and cutting checks. Find out from your lawyer the facts of your release settlement to get a better-estimated timeframe of when you may get your check.

Yes, among other injuries. Head-on collisions can indeed cause neck injuries. A front- end collision, otherwise known as a head-on collision, is one of the most devastating types of accidents causing severe injuries and often resulting in death. Other common injuries:

• Rib fractures

Although seatbelts are useful and can help save lives, they can also be the cause of injuries. The blunt force of a seatbelt of airbag can break ribs, puncture lungs and cause shoulder damage.

• Whiplash

Head and neck injuries are very common in head-on collisions due to the sudden impact and jerking motion.

• Traumatic brain injuries

Traumatic brain injuries include concussion, skull fractures, hematoma, hemorrhaging and brain swelling.

• Spinal cord injuries

Spinal cord injuries include herniated discs, paralysis causing either permanent loss of movement/strength or sensation.

Head on collisions are known for being deadly due to high speeds colliding head on with typically little to no braking involved. This is because head on collisions generally happened when one or both drivers involved are distracted. But the answer is yes! You can survive a head on collision! There are several tips to help ensure your safety if you happen to become involved in this type of crash. Some tips include:

• Always wear a seat belt
• Make sure your car’s airbag and other safety features are working properly
• Drive at a speed under 43 miles per hour
• Remain calm and steer without any jerking motions
• Avoid hunching or ducking during impact as they may make injuries worse

Not all head on collisions involve legal action however, if you are involved in such mishap it would be wise to hire an attorney and find out what options you have. Be sure to do some research and choose an attorney who specializes in head on collisions, personal injury and property damage. Obtaining an attorney will give you many advantages where as if you do not, you will be left to fend for yourself dealing with the stress of insurance companies and potentially the other party’s attorney. Obtaining an attorney enables you to pawn the headache off to them. This allows you to let the attorney handle all paperwork, providing proof of negligence, handle all correspondences and communication while you can relax and focus on recovering from the accident. The attorney will also ensure you obtain the fullest amount of compensation as possible.

Whenever you have been in an accident you have the option to handle your own claim personally or hire an attorney. Smaller claims such as soft tissue injuries don’t require the contribution of attorneys and sometimes leave you with little settlement money after you’ve paid the attorney fees. However, head-on car accident injuries are typically hard and traumatic, almost always ending up in court with a much larger settlement amount than a soft tissue settlement. These hard injury claims are generally best taken care of by an accomplished personal injury attorney.

If you are in an accident with a head on collision, here are some tips to maximize your compensation:

• Check for injuries for all parties right away and call 911. Do not decide with any driver. Call the police and first responders so an official police record of the accident is recorded.
• Be careful what you say. Do not say anything to other drivers or passengers that could imply fault on your part. Saying you are sorry or anything close to that could damage your claim later.
• Get medical treatment right away. Some injuries are clear and others are not. Get to the hospital right away and have your head on collision injuries documented by a medical professional. If you do not seek medical treatment right away, this can reduce your compensation in a claim or lawsuit.
• Collect evidence to support your injury claims: Get all the contact information for other drivers and passengers. Take photos and videos, and if able, get witness statements.
• Be careful of giving recorded statements to the other insurance company. It is almost always a bad idea to talk to the other insurance company without an attorney. They will twist your words somehow and reduce what they pay you.
• Keep a journal. If you have serious head on crash injuries, it will help to take notes in a journal of the pain you are going through and how it affects your life.

When you try to settle with an insurance company for your head on collision, it is important to know they will try to get away with offering you as little money as possible. The best thing to do in a head on collision settlement, which often involves serious injuries and compensation, is to have the case reviewed by a personal injury attorney who’s familiar with auto accident laws in your state. However, even without a car accident lawyer in your corner, there are a few easy tricks to know if the insurance company is making you a fair car accident settlement offer:

1. The head on collision settlement offer doesn’t cover your medical bills
2. You still haven’t finished all your medical treatments but the insurance company wants you to sign and accept a settlement offer. Make sure you’ve reached MMI (Maximum Medical Improvement) before you accept any settlement offers.
3. You’re feeling pressured by the claims adjuster to accept an offer you don’t feel is fair
4. The offer doesn’t include any sort of pain & suffering, or isn’t adequate to cover all your damages

Again, speaking with a car accident lawyer, especially if you’ve received a head on collision settlement offer that you feel is unfair, is always a good idea. Most car accident attorneys offer a free initial consultation, and if they feel the insurance company made a fair offer that they can’t improve upon – they’ll be happy to tell you.

If they think they can do a lot better than what the insurance company is offering, they’ll probably want to take your case. If they do, they’ll probably want roughly a third of the settlement amount they are able to secure you, which may be well worth it if you feel like the insurance company is making an unfairly low settlement offer.

There is a wide range of components that may make a head-on crash occur. Unpopulated, dark roads are a common location for a head-on accident however, any type of road without a center divider or median make head-on collisions a recognizable frequent location. Although street conditions are a large factor in where head-on accidents occur, other components for the cause of the crash such as:

• Fatigue
• Distracted driving
• Driving under the influence
• Disobeying the rules of the road
• Weather condition
• Speeding
• Improper passing
• Mechanical error

So, how do you determine who the at-fault party is? When a driver fails to follow the rules of the road and jeopardizes the safety and wellbeing of others resulting in property damage or injury, they are to be determined liable for the accident.

When involved in a head on collision, the most important step to take immediately following the accident is to seek medical attention. Unfortunately, head on collisions tend to be devastating and leave victims with severe injuries. These types of car accidents not only leave victims injured but also typically leave one or both vehicles involved completely totaled leaving a large value of damages. In order to ensure you are compensated the highest amount you must provide the necessary information. Many factors go into determining the value of your settlement such as:

• Property damage
• Personal injuries
• Loss of wages
• Medical expenses
• Pain and suffering
• Emotional distress
• Loss of ability to perform everyday tasks
• If death occurs, the family involved can receive compensation for funeral costs.

Some real life examples of settlement values for a head on collision include:

• $950,000- victim suffered hip, spine and humerus fractures requiring surgical repair.
• $415,370- victim was a minor and played competitively in lacrosse. She suffered fractures to her tibia and fibula and lost her scholarship to play lacrosse in college.
• $96,789- victim suffered a fractured ankle requiring 2 screws to repair.

A car accident with a head on collision is often a very serious accident. The injuries with these types of devastating crashes can run from the tens of thousands to hundreds of thousands of dollars in many instances. As with any serious personal injury, you and your personal injury attorney first need to add up the following economic costs of the accident after you have reached maximum medical recovery:

• Your total medical costs
• An estimate of your future medical costs
• Loss of income that is due to the injuries that you sustained
• Damage to your property, including your vehicle and contents

After these expenses are totaled, it is common to use a multiplier from 1-5 to determine how much your pain and suffering damages will be. In a more serious accident with weeks or months of recovery, the multiplier could be 3 or 4; for the most serious, life-changing injuries, it is possible the multiplier could be 5. The auto insurance company will typically argue for a lower number, while your attorney will argue for a higher one.

When you are the passenger in the car no matter whom the driver is the responsibility will always fall on the person behind the wheel in the case of an accident. A passenger cannot control what the drivers next move might be therefore, hold no responsibility for the outcome of the accident even if the driver of their car was to be found liable. As a passenger, you have laws to follow as well such as wearing a seatbelt while the car is in motion and making sure you are not distracting the driver. On the off chance that you are a passenger that is associated with a mishap, it’s possible that you can recoup the greater part of your expenses, including:

• Medical expenses
• Lost wages during recovery time
• Future medical expenses such as rehab or therapy
• Pain and suffering

As a passenger, you have the same rights regardless of which driver caused the mishap.

A head-on collision is often referred to as a frontal crash. Extreme physical trauma is common in head-on collisions and is often fatal due to the high speeds involved and the sudden impact of the crash. This trauma can result in broken bones, severe lacerations, burns, or internal injuries. By no means should such wrecks happen unless one, or both, drivers are acting carelessly in the driver’s seat.

Common Head On Collision Injuries:

Like any car accident, head-on crashes can lead to serious injuries. The high speeds in opposite directions in these accidents can cause especially devastating accident injuries:

• Brain trauma
• Broken bones
• Concussions
• Skull fractions
• Herniated disc
• Facial injuries including serious cuts and bruises
• Loss of limbs
• Organ damage
• Damage to your nervous system
• Whiplash
• Spinal cord injuries

Traumatic brain injuries are typically the result of an extreme blow to the head and are common in head-on collisions. Depending on the severity of the impact, the TBI (traumatic brain injury) symptoms may be as minor as headache and nausea or in extreme cases loss of consciousness or even result in death. Victims of a TBI may experience symptoms for as little as a few days and some may never recover.

Head-on collisions, in regards to an auto accident, are when two cars are driving in opposite directions and crash their front ends into each other. An example of a head-on collision is when a distracted driver crosses over into oncoming traffic and collides front first into the other vehicle’s front end. These types of accidents can be exceptionally devastating due to the high impact and speed the vehicles are going. Common causes for head-on collisions include:

• Negligent/distracted driving
• Poor visibility/poor weather conditions
• Vehicle malfunction
• Driving under the influence
• Fatigue
• Confusion in regards to road signs

What is the sternum? The sternum is also referred to as the breastbone. It’s the long bone situated in the middle of the chest. It associates with the ribs by means of ligament and structures the front of the rib cage, protecting the heart and lungs. The common cost for a broken sternum could run from under $500 for a minor break that requires no hospitalization, and up to $8,000 or are other injuries sustained due to the broken sternum. Some other injuries include heart or lung wounds, and those type of injuries require hospitalization which is costly. Settlements for a fractured sternum differ due to multiple variables such as medical bills, recovery time and future medical bills. Some examples of settlements for a fractures sternum are:

• Plaintiff awarded $100,000 in compensation for fractured sternum due to a t-bone collision.
• Plaintiff awarded $1,300,000 in a bike and trucking accident causing broken left arm and sternum fracture.
• Plaintiff awarded $625,000 for fractured jaw, sternum, arms and legs.
• Plaintiff awarded $1,011,000 for crushed trachea, fractured sternum and head injuries struck in a head-on collision.

Nobody gets in the car and thinks, “today I’m going to get into an accident”. It’s just not something we plan for and it can be devastating when it happens to us. Head on collisions are especially devastating due to high-speed impacts. However, there are safety precautions you can take to prevent such mishaps from occurring.  Some tips include:

• Be aware of your surroundings (scan oncoming traffic)
• Drive cautiously at a safe speed
• Be aware of weather conditions
• If you notice oncoming traffic drifting don’t be afraid to honk your horn, flash your headlights and swerve out of the way to avoid colliding head on
• Avoid distractions (drinking, texting, playing with the radio)
• Avoid passing on the wrong side of the road if you can’t see what oncoming traffic may be like

Unfortunately, head-on collisions typically do not end well. The fatality rate is high due to high speeds from both cars and extreme impact. Depending on the speed the cars are going and the weight of the cars that hit will greatly factor into the victims survival rate. Also, you must factor in safety belts as well as if the air bag deploys. A slower speed will increase your chance of surviving, however, it’s unlikely you can predict and prepare for a collision. According to the Insurance Institute for Highway Safety, head-on collisions at speeds under 40mph are feasible to survive. Anything higher will result in death or severe injuries.

There is no fixed rule on when you can get your settlement check from your personal injury case such as in a head on collision. If you want to get a settlement after a car accident from an auto insurance company, you should work closely with a personal injury attorney to get the check as soon as possible.

There are three reasons for a delay in getting your settlement check for your head on collision settlement:

• Factual or legal issues with the case
• The personal injury case involves a large figure
• You still are receiving treatment for injuries from the wreck

It is especially common for large payouts to take a long time to resolve. Insurance companies do not want to pay out hundreds of thousands of dollars without going through their due diligence. This means they will investigate every part of the damages and liability parts of the case

You also usually need to reach maximum medical improvement before you can get your settlement check for your head on crash. If you hurry this, it could be a disastrous mistake as you may end up needing more medical care than you thought.

Typically, yes. Most insurance companies require their policyholders to report all auto accidents. This is especially important if you were injured and think you’ll need to file a claim and negotiate a car acciddent settlement with the at fault driver’s insurance.  In commercial vehicle accidents where you’ll be dealing with a company rather than an individual, this is even more crucial. Trucking companies and other businesses using vehicles for commercial purposes generally have larger insurance policies in place, but the process for filing a semi truck accident claim can be a lot more complex and can take longer, so it’s important to get the ball rolling as quickly as possible.

You may have a certain number of days, or your policy may simply require you to report your accident “promptly.” If you don’t report your accident on time, you could potentially lose your coverage. Additionally, in many states, the law requires drivers to report car accidents to the police and the Department of Motor Vehicles (DMV).

Getting a fair semi truck accident settlememt is a difficult task anywhere the accident occurs, but being out of town adds more complexity and challenges to the situation. Below we’ll address

If You Were Injured While Driving on the Highway in Another State

If you were injured while driving on the interstate in another state, you will need to hire an attorney who practices in the state where the accident happened, and any rules around insurance coverage, statute of limitations etc will defer to the state where the accident occurred. 

If The Truck Driver Lives (or the company is based out of) in a Different State

If the driver who hit you lives in another state, you should still hire a local attorney in the state where the accident occurred. Your attorney can deal with any issues that come up as a result of the driver being from out of state—including any issues pertaining to insurance coverage.

In the unfortunate event you are injured in a car accident, another vehicle may hit the side of your car causing your hip to smash against the side of your vehicle leading to a pelvic misalignment. The sudden jolt and stop from your seatbelt attempting to keep you secure and in place can likely cause pelvic injuries as well as shoulder bursitis and varying grades of whiplash. In any situation where you experience trauma to your hips or pelvic area, especially during a car accident, it’s common you will endure pelvic misalignment or some type of hip injury.

Many car accidents involve high speed and tremendous forces that can cause serious injury to the hips and lower body. It is certainly possible for your pelvis to be misaligned or otherwise injured after a serious car accident. This is especially common when the knee or knees slam into the dashboard. The tremendous forces are transmitted to the pelvic region and can cause misalignment and fracture.

If you have any hip pain or pelvic pain after a car accident, go to the emergency room immediately to be evaluated by a doctor. Delaying medical treatment following an auto accident can lead to a smaller car accident settlement offer because the at fault driver’s insurance company can argue that your injuries couldn’t be that serious if you didn’t see a medical doctor immediately.

There are a wide variety of injuries that can result from a rear end car accident, it is possible to have several hip injuries that can cause pain and discomfort. These are:

• Dislocated hip: A hip location can be caused in a rear end crash by the knee hitting the dashboard (there is also a common car accident knee injury known as “dashboard knee”). You would feel the hip pop out of place in this circumstance. Walking or standing would be very painful.
• Hip fracture: While more commonly this type of car accident injury occurs in T-Bone accidents, a forceful enough rear end collision can cause a break in the head of the femur and/or the pelvic acetabulum. Surgery could be required, or physical therapy and pain medications in less serious injuries.
• Strain or sprain: Hip muscle strains and ligament sprains are very common after a rear end crash. You could experience pain, swelling, inflammation and poor range of motion. Medical attention will be required.

All of these serious hip injuries should be examined by a medical professional immediately. If you have any hip pain after an auto accident, make sure you are taken to a hospital as soon as you can.

Recovery time from a hip injury can range from a few days to a lifetime, depending on the severity of injury, type of injury, and individual factors such as age and fitness level. Some examples of minor car accident induced hip injuries is bruising, muscle strains & pulls, and hip bursitis. Usually these injuries will go away on their own in a few days, maybe a few weeks for more serious instances. Treatment to speed up the healing process for this type of hip injury include ice, rest, massage, and sometimes physical therapy.

On the more serious end of hip injuries caused by a car accident we start to see hip fractures, dislocations, and serious breaks. Due to their unprotected nature and high speeds often associated, motorcycle accident settlements often involve serious hip injuries. These can be debilitating and sometimes disabling, causing a lifetime of pain, suffering, surgery and lengthy recovery times. In some cases of serious hip injuries, hip replacement surgery may be necessary since the bone is so big and such an important part of day to day activity.

If you suffered from a broken hip injury in a car accident, you are entitled to receive compensation for your injuries from the at fault driver. If another driver is responsible for your hip injury, the best way to ensure that you get as much compensation as possible is to document everything, and be seen by a doctor right after the accident. They will begin the examination process to confirm you have a serious hip injury from a car accident.

Once the paper trail has started on your hip injury, it is more likely you will get fair compensation for your car accident.

A broken hip settlement can have many different outcomes regarding dollar amounts, because factors such as injury severity and liability vary from case to case. Variables to consider while figuring how much the injury settlement is worth are:

• Medical expenses: The compensation you recieve in a hip injury settlement is directly tied to how much your medical bills end up costing. If your broken hip is bad enough that it requires surgery and months of physical therapy, the settlement amount for your car accident hip injury will probably be high, since these are expensive processes. On the other side, a hairline fracture of the hip joint may only require a few weeks of rest and ice. This broken hip injury would incur a lot less medical expenses, and as a result the hip injury settlement will be a lot smaller.
• Wages lost: For many people, work involves standing, walking and driving – all activities that are extremely difficult and painful to do with a broken hip. Even sitting at a desk for long periods of time can put undue stress and pressure on a broken hip, making it very difficult for most people to work as normal while recovering from a broken hip after a car accident. Depending on how much a person earns and how much work they miss, the amount of lost income/wages will factor heavily in any broken hip car accident settlement negotiations.
• Pain and suffering/loss of quality of life: Since the hip is required for most daily activities, it’s fair to say that any broken hip settlements will have some element of pain & suffering involved in the final settlement amount. Depending on how much you have to stop doing, and for how mong, you could see your car accident settlement amount multiplied by 3, 4, or even 5 times what you normally would have received.
• Property damages: Not directly ties to the hip injury, but usually if one car hits another with enouigh force to break a person’s hip, there will be significant damage to the vehicle as well. How much damage, how expensive a car, and how long you’ll need a rental/replacement vehicle will all have an impact on the car accident compensation you get.

Some real examples of settlements for a broken hip in an auto accident include:

• $1,000,000 broken hip settlement. In addition to the hip injury, there were multiple other fractures and injuries requiring surgery.
• $465,000 hip injury settlement for a fractured hip requiring surgery.
• $842,801 fractured hip settlement involving fractured hip, pelvis and arm requiring surgery.
• $275,000- fractured hip and pelvis requiring total hip replacement surgery.
• $1,200,000- broken hip and internal bleeding requiring total hip replacement surgery.
• $450,000- fractured hip and knee aggravation requiring hip surgery.

Let’s say you have been involved in a car accident and now you have suffered a pelvic or hip injury due to the negligence of others. Now you are left suffering from a painful car accident injury, a lengthy recovery, missing work and also left having to deal with major medical expenses. Unfortunately, pelvic fractures often show fractures in multiple places taking roughly 2 to 3 months to heal. Since the injuries are caused due to the negligence of someone else, you may be entitled to compensation. Depending on the severity of the injury, the average car accident settlement each person will be owed is different in every circumstance. Here is an estimated range of how much you may be owed depending on the injury severity:

• $20,000-$35,000 = Moderate injury to pelvis or hip possibly requiring surgery.
• $40,000-$65,000 = Severe fracture injury to pelvis or hip requiring surgery, possible permanent damage and effecting quality of life.
• $70,000- $110,000 = Very severe fracture to pelvis or hip, constant pain, requiring surgery, permanent damage and possible sexual dysfunction.

Every incident is different and varies for numerous reasons therefore, a specific dollar amount is impossible to pinpoint. Here are some examples of fractured pelvis settlement amounts:

• $525,000 car accident claim was awarded when a woman suffered fracture to her pelvis requiring surgery to repair.
• $200,000 in auto accident compensation was awarded man suffered acetabulum fracture.
• $325,000 was granted to a man suffered fractured pelvis requiring surgery.

As with most injuries, car accident settlement amounts for a leg break fluctuate depending on several different factors. Broken femurs are pretty serious injuries with a lengthy recovery time and almost always requiring surgery. These breaks are extremely painful as the femur is your longest and strongest bone in your body. As a result, broken femurs usually result in the highest payouts for car accident leg injuries. Some questions to ask yourself to determine how much compensation you may obtain include:

• How much were medical expenses?
• How long was the recovery time?
• Are you able to use your leg at 100%?
• How long did you have to miss work?
• Will you need any future surgeries?

According to the Jury Verdict Research, the average car accident lawsuit amount for a femur fracture is $141,847. Keep in mind, this is After gathering all your expenses and damages your lawyer can determine estimation on how much your broken femur car accident settlement value will be.

The hip is a complicated joint that can be seriously injured in a car accident. A hip injury from a car accident can lead to serious problems with mobility, causing issues with working as well as day to day life.

If you have been involved in a car accident and suffered a hip injury, it is common to wonder what the car accident hip injury settlement amount could be. The auto accident settlement amount depends upon the facts of the case and severity of the hip injury, but there are some common factors to think about:

• Medical evidence of injury. As with any auto accident injury, the medical evidence provided to the court or insurance company is extremely important. If you have a hip fracture, a radiologist will take x-rays that should show the extent of injury. It is difficult to argue against the evidence shown in a black and white image that shows a bone fracture. A fracture is a ‘hard’ injury that is obvious to the eye, unlike some ‘soft’ injuries involving muscle and tissue.
• How each party values the car accident claim. This means how much the estimate is that each side of the case comes up with that the jury would theoretically award in a car accident lawsuit if the case went to trial. There also is a question of how much each side would agree to in order to settle the case before a trial.
• What the plaintiff’s damages are. Some damages including medical bills and lost earnings, are easy to determine. But pain and suffering is a subjective number. There are various ways to calculate pain and suffering that each side of the case may use. What’ simportant to one person may not be to another, and depending on factors like age and fitness level, a hip injury can be range from mildly annoying to completely debilitating. Not being able to play with your kids, cook dinner, or participate in the hobbies you enjoy are all things that can increase the amount of pain and suffering you receive in a car accident hip injury settlement.
• Likelihood the defendant is liable. If there is strong evidence the defendant is liable for the hip injury, the defendant may be willing to offer more money to settle the hip injury claim out of court.

Also, as with any car accident injury, it is wise to keep complete and accurate records of all medical treatments you’ve recieved, and document any loss of activity you may have experienced as a result of your injuries. This can be useful when it comes time to talk settlement for your hip injury.

Regardless of the quality or condition your hip might be in, the pressure and impact from a collision can damage even the strongest hips. Some common injuries from a car accident include bursitis, broken hips and dislocation. These hip injuries are very common in T-bone car accidents where one car slams into the broad side of another. When a bursa becomes inflamed and aggravated, it is known as bursitis. After a car accident, it is common to have inflammation and swelling in the hip joint. This can cause loss of range of motion and muscle weakness from pain. This could be bursitis. It is inflammation and irritation of the bursa sacs that are between the bones, muscles and tendons that reduce friction in the joint area. Bursitis can happen in any of the bursa sacs in the body; there are 160 total. But most of them are in the hips, knees, shoulders and elbows.

Bursitis is often caused by repetitive movements, such as running. But it also can be caused by a sudden injury or impact to the hip. If you are experiencing hip or upper leg pain after a car accident and it is not going away, you should be evaluated by a medical professional immediately.

The short answer is, yes. If you’ve been injured in a car accident, the injuries can take days to show symptoms, and in some cases may even get worse as time passes, especially if necessary treatment options are overlooked.

Common hip injuries that occur in auto accidents are fractures, dislocations, and sprains/strains. While sprains and strains are often minor enough that they’ll heal on their own with time, a fractured or dislocated hip will definitely require medical attention. The hip is a very large, very important part of the body, and any pain you may have there after an accident should be taken very seriously. Also, if you end up seeking compensation for your injuries by filing a claim, having a doctor’s diagnosis of the injury in conjunction with accurate medical records that reflect the cost of treatments you received will help strengthen your claim and can help ensure you get a larger car accident settlement in the end.

Bursitis is the inflammation of a bursa. A bursa is a small fluid-filled sac that lubricates and cushions between the bones, tendons and muscles surrounding your joints, reducing rubbing and friction. Bursitis generally happens when motions are repeated such as constant kneeling causing irritation. Bursitis can also be caused by a traumatic injury or direct impact. There are two types of bursitis you can sustain from trauma.

1. Chronic bursitis: This occurs from the most common everyday repetitive motions such as surfing. If you constantly swim or paddle you may end up with chronic shoulder bursitis. Similarily, baseball catchers often experience bursitis of the knee.
2. Acute bursitis: This is caused from any direct hit to the specific area causing pain and swelling. This type of bursitis is a much more common car accident injury than chronic bursitis.

Acute hip bursitis is farily common after a car accident, especially in T-Bone car accidents, where one car hits another from the side, which can push the door panel into the hip of the person sitting on that side, causing all sorts of hip and leg injuries in car accidents, especially at high speeds.

When it comes to calculating how much your hip injury settlement may be, you must factor in several different variables to get an estimation. The simplest way for you to calculate your hip injury settlement is by plugging in the correct information necessary into our car accident settlement calculator. Typically, the car accident hip injury settlement formula used is quite simple and includes adding up the following items:

• Injury type
• Total medical bills
• Loss of wages due to being out of work for recovery time from your injuries
• Damages, including car and property
• Possible future medical expenses

Generally, once all of the factors listed above are calculated, a multiplier is applied to that, ranging from 1-5 in order to determine the worth for pain and suffering.  Depending on how severe the injuries sustained are, such as leaving the victim immobile, or unable to perform everyday tasks, the number will be higher than if the victim suffered minor injuries that required minimal recovery time. You can also try our car accident settlement calculator. Simply plug in estimates for your medical bills, lost income, and add a few details about the claim and you should get a decent rough estimate you can use as a starting point. It’s been used thousands of times since we created it in 2017.

As with most moderate to serious car accident injuries, the best way to know if you got a good settlement for your hip injury is to have a car accident attorney handling your case. Hip injuries can lead to serious complications that last months, years or forever. A good personal injury attorney will be able to determine with research and legal resources what your injury is and what previous settlements in your area have been for a similar injury. Without a good attorney to gauge this, you run a serious risk of undervaluing your claim and getting much less than you deserve.

However, as a general rule, you should never accept the first car accident settlement offer. Insurance companies are in business to make a profit, and profits go down when they make larger payouts. For that reason alone, you should probably get a professional opinion of what your case is worth, or at a minimum, counter their first offer with a higher settlement amount.

 

People who are injured in an accident and are waiting for their hip injury settlement check often wonder when they will get paid. In most cases, there will be a period time that passes from the date of the settlement until you receive your check. But why does it take so long to get your money?

Generally, there three major reasons it might take longer than you like to get your hip injury settlement check.

First, there could be factual or legal problems with the case. If the insurance company is wrangling with your personal injury attorney about your injuries and the medical treatments received, it is possible there could be a delay before the check is cut.

Second, getting the check will clearly take longer if the hip injury is more serious. Any personal injury cases that involves more than $10,000 is probably going to take much longer to settle than a case for less.

Third, if you still are receiving treatments for your injuries, this will delay when you get your hip injury settlement check. Your attorney and the insurance company want to see when you experience maximum medical improvement before agreeing on a final settlement amount.

Once the settlement is actually agreed on, you can expect a four- or six-week delay before you see your money. The insurance company will want you to sign a release for that settles the claim. Once the insurer receives the release form, you will get the money you settled on in exchange for not suing.

The hip injury check will be sent to your attorney, and he will pay any potential leans paid out of the funds of settlement, such as medical bills. Then, the contingency fee will be deducted and any other possible costs and expenses. At that point you should receive your hip injury settlement check.

The problem with hip and other common car accident injuries is they don’t always appear immediately. Even if you believe you have not been injured in the accident, it is crucial to consider your well being and see a doctor for a medical evaluation. There may be hidden injuries you aren’t aware of that have not yet caused symptoms.

Hip pain after a car accident is not often delayed. It’s much more common to see delayed whiplash after a car accident than something like a hip injury, however, it is possible. After an auto accident, your adrenaline is pumping and often don’t notice the extent of your injuries or pain you are experiencing. So remember, regardless of whether you feel fine shortly following your auto collision, that doesn’t necessarily imply that you are without injuries. Never wait to visit a medical professional. This is important and can influence possible compensation owed to you. Keep in mind, there is a timeframe to file a car accident settlement known as the statute of limitations – in most states you have 2-3 years from the date of the auto accident in order to file a car accident claim against the at fault driver.

It is impossible to say what the average settlement amount is for a car accident hip injury claim will be. Each case is very different, as is each individual’s personal and financial situations. A lot of it will come down to how serious the injury was, how much the medical bills are, and your level of pain and suffering. The amount of money you make and amount of work you miss will also play a role – for example a fractured hip that requires surgery will keep someone out of work much longer than a hip dislocation that can be treated with physical therapy. People who’s work requires physicality will likely be out longer than office workers, and some people make more than others… In the end, the lost income part of a hip injury settlement is essentially a formula: Days out of work x amount of money you make per day – both of which are very individualized.

Regardless of how serious the injury is, it is important for you to have complete medical documentation of the accident injury by your doctor. This will ensure that you are able to get the maximum amount of money for your injury. It’s also a good idea to get an idea what your settlement is really worth with a free consultation.

Keep in mind that many insurance companies may well believe you should get a full pay out up to the policy limits, but unless you threaten a lawsuit, they may offer you a much smaller settlement. They’re a business just like any other, and will try their best to pay you as little as they can get away with paying.

Any gentle neck and shoulder exercises that focus on strengthening those muscles are helpful in preventing whiplash. There is no exercise that can prevent whiplash however, the stronger your neck is the less jerking and jolting you will experience during the collision. Unfortunately, even when you avoid potential risk to prevent whiplash, collisions occur and often do not have control of how your body moves within the vehicle. If you are experiencing whiplash symptoms, there are some exercises you can do to improve movement, relieve pain and strengthen after whiplash. These exercises include:

• Isometrics– this involves placing your palm against your forehead and fighting resistance for 3-5 seconds
• Neck turns –stand straight and look right until you feel a pull, then repeat looking left
• Neck bend/chin tucks– pull your head down and bring your chin into your chest
• Neck extension– slowly tilt you head backwards and look up towards the ceiling
• Back twists– sit up straight, twist your torso right, then twist your torso left
• Shoulder rotations– roll your shoulders back
• Side to side bending – tilt your head to the right as if your ear is about to touch your shoulder. Repeat on the left side.

Head restraints or otherwise known as headrests we designed and by law required in 1969 to help prevent the forceful jolt of your head being thrown back and prevent whiplash injuries in the case of a collision. Although headrests can help prevent whiplash, they must be highly designed. However, not all car designers are headrest safety experts. During an impact, your headrest should make contact with your head, rather than your neck. This gives additional support particularly in the event that you are involved in a rear-end collision. Be that as it may, if your headrest is in the wrong position you could endure whiplash and damage. How can you be sure your headrest is in the right position?

• Position the headrest high enough to support your head
• Make sure your headrest is the same height as the crown of your head.
• The separation between the back of your head and the front of your headrest should be as little as possible, and less than 4 inches away.
• The recline of your seat will also affect the position of the headrest, so be sure to recline to adjust the distance between your head and headrest and make it as minimal as possible.

Wearing a seatbelt can spare your life and decrease risk of injury, although, there is the possibility of the seatbelt causing an injury during the mishap of an accident. The simple fact that seatbelts are designed for adults and not children means that children are particularly susceptible to seatbelt injuries.  When the safety belt is in use, it locks up and increases force to the neck, stomach, chest and hips. The impact of a car crash and sudden jolt of a seatbelt increase chances of getting whiplash but reduces the likelihood of fatality.  A common scenario where whiplash typically occurs is when the car is struck from behind otherwise known as a rear-end collision. This hugely impacts victims wearing seatbelts due to the abrupt stop from the safety belt.  In this situation, the force created by the crash is exchanged through the car producing the seatbelt victim’s seat to move forward while their head and neck are constrained to move backwards.

Whiplash is a very common injury sustained from being involved in an accident. Typically, when people lump together “whiplash” and “sports” it has a negative connotation. Besides auto collisions, whiplash does often occur in sports, but how can sports actually help prevent whiplash in the event of a car accident? If you play sports, this generally means you are a fit individual and exercise regularly. This can benefit you by building strength in your neck and in the event of a collision a strong neck may prevent the sudden back and fourth movement, which causes whiplash. If you play any type of contact sport such as football, this may benefit you as well. You are taught to protect your neck in the event of a tackle (or collision) the motion comes second nature to sports players. Gentle neck and shoulder exercises will also help strengthen those muscles and help prevent whiplash.

Most whiplash injuries are caused by rear-end collisions, even at low speeds. Whiplash is a serious injury of the soft tissues in the neck caused by a sudden movement between the head and torso. This strains your neck’s delicate, soft tissues, including muscles and ligaments, beyond the range of motion for which they are designed.

Although whiplash is often thought of as a minor injury, symptoms can last for months and affect your enjoyment of life, job and more. In many car accidents, the violent jerking motion of the head that commonly causes whiplash can also rattle the brain inside the skull, causing a concussion in addition to whiplash after a car accident. Thus, it is important to try to limit risks of whiplash injury wherever possible.

Whiplash is the most common injury that results from a rear-end collision. This neck injury can easily occur in any type of car accident, however it is more likely to happen in rear end collisions than any other type of crash. Here are some tips to keep reduce the damage of a whiplash injury if you’re in a car accident:

1. Keep your head as close to the headrest as you can while driving or riding as a passenger. Whiplash can be reduced if there is a limit between the distance from the head and the neck restraint, which is often referred to in the auto industry as a backset. The perfect distance is zero, but this is really not practical or comfortable. Backsets that are more than 6 inches or so from the head are related to higher rates of neck injuries in car accidents.
2. Wear your seatbelt. This can help keep your body (and head) stable if you’re hit by another car.
3. Drive the speed limit. The faster the speed, the more severe the injury (and the larger the car accident settlement amount) in most cases
4. Avoid sudden stops
5. Maintain a safe following distance (3 seconds of more is best)
6. If you are in an accident, make sure that you stay calm. If possible, move your car off the road to avoid further accidents.

As they say, an ounce of prevention is worth a pound of cure. Staying safe on the road is always better than dealing with whiplash after a car accident.

Symptoms of whiplash may be delayed and appear 24 hours or even days after the crash depending on the severity of the collision. Whiplash injuries will regularly have a moderate beginning and a large number of individuals won’t realize that they have endured the damage until days after the accident. Since the symptoms may appear days later, many individuals will not seek medical attention and assume the pain will heal with time. It is important to see your doctor immediately after an accident to verify any injuries that may go unnoticed. In the instance that whiplash goes untreated you may experience:

• Severe headaches
• Pain and stiffness to the neck and shoulders
• Blurred vision
• Dizziness
• Ringing in the ears
• Lower or upper back pain
• Difficulty concentrating and remembering
• Mood changes
• Nausea
• Numbness and tingling
• Dysfunctional sleep patterns
• Jaw pain
• Lack of energy
• Pain between shoulder blades

If you are experiencing any of these symptoms, it is highly recommended to seek treatment from your doctor as well as call your local personal injury attorney to determine what compensation you may be owed.

Car accident related whiplash is one of the most common car accident injuries. These serious neck injuries can range from mild discomfort to severe. But if they are not taken seriously and do not receive proper treatment, they can have long term consequences, including loss of work, full disability and large medical costs.

Whiplash injuries are often not felt immediately. You might not notice you have a neck injury for days after the auto accident. Many people do not get treatment, and this is a big mistake.

It is possible for a whiplash injury after a car accident to last days, weeks, months or years, depending on which soft tissues were injured and to what degree.

A long-term whiplash injury can occur from a very serious crash. Even in a severe accident, you could take 12 hours or more for the full pain of whiplash to manifest.

If you suspect you have had a whiplash injury, be seen by a medical professional immediately to get a diagnosis. If you don’t get diagnosed by a doctor and later try to file a claim, the insurance company will probably argue that you were faking or exaggerating your whiplash injury and try to get out of paying any car accident settlement compensation you probably would have been able to collect if you had seen a doctor immediately.

How can you be sure that your headrest is properly positioned to ensure maximum protection from whiplash? In order to adjust your head restraint you must be seated with the seatbelt fastened to ensure your headrest is the correct height and distance from your head and neck. When adjusting your headrest, make sure you:

• Position the height so the headrest is the same height as the top of your head.
• The space between your head and the headrest should be as little as possible. Make sure the space between is no more than 2 inches.
• Adjusting the incline of your seat to 20 degrees past vertical will also alter the space between your head and the headrest.

Most present-day vehicles come with active restraint systems or at least have the option to upgrade safety features designed to avoid a collision or in the event of one, protect the passengers. Vehicles that have these active safety systems include:

• Acura – Vehicle Stability Assist
• Audi- Electronic Stability Assist
• Chevrolet- Active Handling
• Ford- AdvanceTrac
• Honda- Vehicle Stability Assist
• Land Rover- Dynamic Stability Control
• Mercedes Benz- Electronic Stability Control
• Subaru- Vehicle Dynamics Control
• Toyota- Vehicle Stability Control
• Volkswagen- Electronic Stability Program
• Volvo- Dynamic Stability Control

Electronic Stability Control refers to an active safety feature that is activated by sensors detecting steering angles and drifting motions. The vehicle is then overrun by a stability controlling system to help keep the vehicle on its intended course to avoid skidding and collision. Electronic Stability Control (ESC) also includes blind-spot detection, automatic brake assist and parking assist.

The best thing to do after getting whiplash in a car accident is to take it as a serious medical condition. Some people with a whiplash injury may feel little nor no pain after the crash, even if they have serious injuries. It is smart to be seen by a medical professional right away to see if you have a serious whiplash injury.

If you are experiencing mild discomfort after the accident in your neck, you also can ice it and take ibuprofen to reduce swelling, pain and inflammation. But most experts would tell you to get to the doctor immediately to see if you have a substantial case of whiplash. By doing so, you will have the injury on record immediately after the wreck. This could be useful in filing a claim at a later time.

An active restraint system refers to active safety features in a vehicle that generally involve some type of electric component. An example of an active restraint system would be the luxury of a self-aligning headrest. These self-aligning headrests were designed to maximize safety and reduce the possibility of whiplash by moving up and forward in the event of a rear end collision, allowing the head and neck to have support at an earlier time. An active head restraint has been proven to reduce the risk of whiplash among other neck injuries not only by having a quick response time, but also by its curved. There are other types of active safety systems such as anti-lock break controls and blind spot detection.

There are many safety features in a vehicle that can help prevent whiplash, however, there is one that often goes unnoticed and is the BEST for preventing whiplash. The best safety feature in your vehicle for preventing whiplash is the headrest. When buying a car it’s important you review all safety features especially the headrest. Sit in the car, adjust the headrest so it’s level with the top of your head and strap yourself in with the safety belt to make sure the headrest is no further than 2 inches from the back of your head. Not all headrests are made the same so be sure you test this out before purchasing a car. It has been reported that 72-86% of drivers are improperly fitted to their headrests.

It’s rare, but in some instances a passenger can be liable for a car accident. Most passengers who’ve been injured in an accident imagine that their injuries are the responsibility solely of the driver of the car they were riding in, or the other driver involved.

However, it is not always the drivers’ responsibility, and there are some cases where the passenger can actually be blamed for causing the accident. Here are a few instances where the passenger may be partially at fault for causing the accident:

• The passenger was arguing with the driver and for whatever reason decides to grab the steering wheel. In this situation the passenger technically becomes the driver since the vehicle is still in motion, and as a result can be found at fault
• A married couple is driving home and gets into a heated argument. In frustration, the wife slaps her husband, who is driving, causing him to lose control of the car and hit a tree.
• A passenger in the back seat is throwing things at the front passenger and something hits the driver, causing them to look away and rear end another car at a stop light.

There are some other scenarios where a passenger can be found at fault for causing an auto accident, but in most cases it will be one of the drivers who is liable to pay any damages.

 In short, yes, any passenger in a car accident can and should be able to sue theidriver, assuming the drier was at fault.

As a passenger in the vehicle have the same right to sue for your injuries as the other driver, or any other passengers or pedestrians injured in car accident. But as the passenger, you cannot be found at fault for the accident. This situation can result in some uncomfortable negotiations; if the driver of the vehicle in which the passenger was riding caused the crash, the passenger may end up trying to win a car accident settlement claim from their own friend or relative.

But, you should remember that usually any settlement or pay out will come from the driver’s insurance policy and not from their own funds. This is why we all pay for auto insurance – in the event we cause a car accident, there is money available to pay for the damages caused by the accident.

When you sustain any type of injury, including whiplash from being a passenger in a collision, you have the right and seek compensation for your damages in the form of a whiplash settlement. Depending on who was found at fault, you may be able to sue Driver A, Driver B or both. Due to the negligence of the driver(s) you are able to sue for the whiplash caused by the accident, just like in any other auto accident.

It’s common for passengers in car accidents to suffer whiplash when they are involved with rear end car accidents. The force of a moving car hitting a stationary car from behind can cause the body to jerk forward, sending the head whipping forwards and backwards violently, which in turn puts undue pressure on the bones, muscles, and ligaments of the next, often causing whiplash injuries.

This will all depend on what type of insurance coverage plan you have. You already know that when you are driving your own vehicle and you get injured you will be covered by your own protection policy. So, who will cover your auto accident settlement in the event you are injured as a passenger?

It’s important to know that in the unfortunate event you become injured as a passenger, you may be covered by multiple insurance policies including your own, the driver of the car you are riding in, and/or the opposing driver. If you become injured as a passenger in another vehicle, in this case it is the faulted drivers insurance company that is responsible for covering your damages.

In most states, you are obligated to have personal injury liability through your insurance plan however, depending on what policy you have the coverage might not be enough to cover all of your medical expenses and other expenses that come along with your auto accident injuries. If you have opted to have full coverage through your insurance company, it will cover the damages done to the third parties.

It’s hard to know exactly what steps to follow after an auto accident and even more confusing if you are injured as a passenger in a car accident. Thankfully, as a passenger you have multiple options in order to be compensated for the injuries you sustained in the car accident.

If the driver of the car you were the passenger in and that driver is deemed to be at fault, you can file a claim against that driver. If the other driver is faulted for the accident and you sustain injuries as a passenger, you can file a claim against the other driver’s insurance policy. Filing a claim is simple especially with the help of an auto accident attorney. Be sure to have a medical professional examine you and seek treatment shortly after the accident. As a passenger, your medical expenses are paid for by the driver’s medical portion of their coverage policy.

The good thing about being a passenger is you are less likely to be found at fault and you have a right to file a car accident claim against the at fault driver. There can be complications when it comes to insurance for instance, if the driver of the vehicle in doesn’t have insurance you have no policy to go after. But if the other driver has caused the accident and they DO have insurance, you are able to file a claim and collect a car accident settlement for any injuries you may have suffered in the crash.

When it comes to figuring out the average passenger settlement, it’s helpful to look at the average car accident settlement as a way to inform yourself. Most passenger settlements will be in line with that of the average auto accident, which uses the following formula:

• Medical bills from the injuries cause by the accident
• Expected future medical expenses as a result from the injuries
• Wages lost from the inability to work due to injuries suffered as a passenger in a car accident
• Property damages

After these expenses are added, a multiplier is applied to the total expenses and that number typically ranges 1-5 in regards to pain and suffering. On the scale, 1 represents minimal pain with a quick recovery and no lingering injuries. And 5 represents maximum pain with ongoing injury related issues. Most average settlements will have a pain & suffering multiplier of 2 or 3, usually the 4-5 multiples are only used in car accidents with serious, lifelong injuries, disfigurement, or death.

As a passenger injured in a car accident, you have a few options when it comes to whom you are able to file a claim against. The major deciding factor is liability, meaning who caused the car accident. So the first thinbg you must determine is which driver was found at fault for the accident.

You can file a car accident claim against the insurance policy of the driver of the car you were in, or the insurance policy of the opposing driver. If you have suffered injuries in a car accident as a passenger, you can file a claim or lawsuit to collect compensation for your injuries and damages. Just like drivers, you can hold the at-fault driver liable for your injuries and collect a car accident settlement to cover your medical bills, lost income, and other damages. You may be able to recover compensation from both drivers if they share fault for the crash.

The police report is an important document to have after a car accident. This document contains the circumstances and facts of a car accident as the police see it. The police report typically contains descriptions of damages to vehicles, passenger and driver injuries, witness names, and possibly a statement of who may be at fault for the accident.

If you have been in an accident and are in an insurance company negotiation, it is important to remember one thing: It is in the interest of the insurance company to settle the legal dispute quickly and as inexpensively as possible.

A major question for people injured in a T-bone accident is when their settlement check will arrive. They probably have a lot of medical bills and lost earnings to contend with, so the sooner the check gets there, the better. It is important to work with an experienced personal injury lawyer in this case so you can get your check expedited.

Generally, there are three reasons your t bone accident settlement check might take longer to arrive than you wish:

• Factual or legal issues with your case. The defense could content your whiplash injury is not very serious and you should not be compensated to the level you wish.
• T bone accidents tend to be severe and involve large sums of money; the insurance company will probably be contentious.
• You still are receiving treatment for injuries from the T-bone accident. It is best to wait until maximum medical resolution is met before settling. If you fail to do so, you could have much more serious injuries than you thought and not enough money to handle them.

Some injuries can appear delayed and among those delayed injures include leg/knee injuries. It is not uncommon after a motor vehicle collision for one to experience delayed leg pain after being thrown forward slamming against the dashboard. In some cases, your body can be in a state of shock and the pain may not appear right away. Although you may not feel pain immediately, do not delay in seeking medical treatment as soon as possible. Once a doctor has examined you, you may be surprised to find out what injuries appear and the severity of those injuries.

Yes. It is actually quite common to sustain a knee injury from a head-on collision. It’s possible to sustain knee injuries due to the blunt impact of your knees smashing into the dashboard, steering wheel or seat in front of you. Knee injuries often occur from head-on collisions, rear-end collisions as well as t-bone or side impact crashes. Some symptoms of a knee injury may include:

• Sensitivity and tenderness
• Swelling
• Bruising
• Soreness
• Loss range of motion
• Locking, ripping or popping sensation
• Bones appear to be bulging

The meniscus is a small piece of cartilage between the shinbone and thighbone that can become torn if pulled or twisted and are not uncommon injuries when involved in a car accident. Any sort of excessive turning or curving of the knee under forceful pressure can result in a torn meniscus. These types of motions are common in car accidents, which is why this type of injury is commonly endured during vehicle mishaps. Unfortunately, this type of injury can cause deep rooted wounds and a lifetime of a difficult healing process due to this specific body part not receiving blood supply at an early age. If you are experiencing knee pain, swelling, popping or a limited range of motion, it would be wise to seek medical attention immediately and call your local attorney. By doing so, you can ensure you have proof documented that you indeed have an injury and are able to receive the highest compensation possible by the help of an attorney.

If you have a car accident with a serious leg injury, it could affect your life and ability to earn a living for weeks, months or years. Here are some simple tips to get more money in your settlement:

• Call 911 and get the police on the scene right away. You want a police report filed of what happened, especially if you are sure the accident was not your fault.
• Use your words carefully. Do not speak to other drivers or passengers in any way that indicates you were at fault. These words could greatly harm your case later.
• Seek medical treatment immediately. Some leg injuries are obvious but others may be hidden. Get to the ER immediately and have your legs checked out by a doctor. The sooner you have your injuries documented, the better of you will be. If you delay treatment, your level of compensation will be affected.
• Gather evidence to support your leg injury claims. Collect all contact info from other passengers and drivers. Take plenty of photos and videos of the accident scene and your injuries. Collect witness statements too that support your version of events.
• Avoid giving recorded statements to the other insurance company. They want to twist your words and make it sound like you are at least partially at fault for the crash. This can substantially reduce your payout.

If the auto insurance company makes an offer for your leg injury, how do you know it is fair? Generally, a reasonable offer can be determined by looking at your economic damages and then use a multiplier to determine your pain and suffering damages. You and your attorney should add up your medical costs, lost wages and out of pocket costs, and then multiply those by a ‘reasonable’ number between 1 and 5. Your attorney can tell you what he thinks a realistic multiplier is. The insurance company may dissent but that is where the negotiation skills of a good attorney come into play.

Generally, if you are dealing with a serious leg injury that involves weeks or months of recovery, trying to get a settlement on your own will result in a low-ball settlement. Get an attorney working at your side for the best possible settlement.

There are many different types of knee injuries that you can suffer from. It is difficult to pinpoint an exact amount of compensation you can claim due to the many individual factors involved. The simplest method to figure your knee injury settlement is to utilize our knee injury settlement calculator. For the most part, here’s the recipe that is generally utilized:

Gather the following information and add them all up together

• What type of injury or multiple injuries you have
• Medical expenses
• Wages lost due to inability to work
• Property expenses to damaged car
• Future medical expenses

Once you have added those expenses together, you must factor in the pain value. At that point there’s commonly a multiplier connected to that number on a scale of 1-5, for pain and suffering. On the off chance that the wounds suffered are severe to the point that they will cause continuous torment and additionally disable the victim from performing the day by day life tasks, that number will be higher than situations where the wounds are completely recovered within weeks.

There is no straight answer when determining how much money you might be owed due to a leg injury sustained from a car accident. It is important to address an accomplished personal injury attorney bender individual to get an estimate of a potential settlement sum for your injured leg, knee or ankle. Many different factors go into deciding the settlement amount such as:

• How serious are the injuries? (Soft tissue or hard)
• How long will these injuries keep you out of work?
• Are you mobile and capable of performing everyday tasks?
• Travel costs
• Medical expenses
• Future medical care costs
• Pain and suffering
• Property damage
• General expenses paid out of pocket

If you have been involved in a car accident and you are experiencing knee pain after the force of the impact, it’s probably due to crushing them against the dashboard or steering wheel. Steps to take after being in a car accident and hitting your knee include filing a police report, gathering insurance information, seeking medical attention immediately and contacting a personal injury attorney. There are several types of injuries you can sustain in the event of a car accident. If you happen to hit your knee with great force against the dashboard, it is possible you have endured some of these injuries:

• Posterior cruciate ligament tears– this happens when the knee is bent and hits the dashboard forcing the shinbone to bend back causing the PCL to tear.
• Sprains/strains
• Torn meniscus
• Kneecap dislocation
• Breaks/ factures

It is not uncommon for pain and discomfort to show up days or even a long time after an accident. Regardless of whether you are not showing signs or experiencing any injuries immediately, calf injuries may be present. Your leg is made up of muscles, ligaments and tendons that can become torn or burst in the event of a motor vehicle accident. This may leave victims to experience pain in the calf area. In the event that you are experiencing leg pain following an accident, do not delay receiving treatment. Delaying treatment can result in your injuries unsuccessfully healing leaving you with a lifetime of recurring aggravation.

Knee injuries are the most widely recognized type of injury from being in a collision. After being involved in a car accident knee injuries are very common and extremely painful. They often require surgery, which is expensive, and involve a lengthy recovery time. Do not ignore any pain or symptoms you may be experiencing revolving around your knee. Knee injures are serious and not to be taken lightly. Be sure to include any pain you are experiencing in the police report even if you believe the pain may be temporary. Visit a medical professional to determine exactly what type of injury you may have sustained during the collision.

In order to calculate your leg injury settlement, you can use our leg injury settlement calculator that uses a simple formula that consists of adding economic damages together such as:

• Loss of income due to missing work from the injuries you’ve sustained
• Medical bills
• Future medical expenses
• Damages to your car

After totaling up all economic expenses, a multiplier 1-5 is applied for pain and suffering to that sum. The multiplier is determined by how severe the injuries you’ve sustained are with a 1 being less severe on the scale and 5 being extreme. If you sustain injuries that keep you from performing everyday life activities, the multiplier will be a higher number.

When wounds are more severe and result in long-term difficulties, it is important that an attorney is contacted immediately so the victim may understand exactly what rights they have and what compensation they may be owed. First form of action will be determining who the at-fault party is and how the accident was caused. This will determine who will be liable for compensation owed. Contacting a personal injury attorney is your best option to reassure all of your bases are covered rather than going through insurance companies that are looking to deny your claim or lower your compensation costs. Experienced lawyers will gather medical records and test outcomes to solidify proof and demonstrate that the wounds of the victim some genuine damage and disability. If you have been injured due to an auto accident, you have rights whether or not you were the passenger or the driver.

In the unfortunate event you are in an accident causing injuries to your leg, it’s possible you may not be able to return to work for quite some time. Leg injuries may take as little as a month to recovery however, in some severe cases may never fully heal causing a great deal of hardship to the victim. If these injuries disable you from working it’s best you contact a personal injury attorney and find out what options you have to compensate for your lost wages. Victims who are incapable of performing everyday tasks and going to work may qualify for Social Security Disability if the injury is expected to leave you disable for at least 12 months. Short-term disability programs are also available however, only offered in few states such as New York and California. It’s important to talk to your personal injury attorney to find out exactly what you may qualify for.

If you have been experiencing any pain after a car accident, including knee pain, it is very important you don’t delay and seek out medical attention immediately. Knee and leg injuries are quite common in car accidents and can take a lengthy amount of time to recover. After you have sought out treatment and gathered medical records of your injuries, it would be wise to contact a personal injury attorney to discuss a personal injury claim. Seeking legal advice would be in your great interest in order to receive the full amount of compensation owed. Often, insurance companies will try and weasel out of paying the correct amount in compensation and lowball the victim.

Auto accidents happen everyday in the U.S. leaving the injured parties to experience an assortment of wounds. Many people think of car accident victims sustaining major head trauma or neck and spinal damage. However, people often forget how easy it is to suffer from leg, foot, hip or ankle injuries from an auto accident. Some common leg injuries include:

• Knee fractures
• Knee dislocation
• Hip dislocation
• Tearing of the ACL
• Ruptured tendons
• Torn meniscus
• Severe twisting and hyperextension of ligaments
• Bone fractures to the tibia
• Thigh fractures to the femur
• Ankle breaks and sprains

There is no exact formula on when you can receive your settlement check for your leg injury. If you desire a settlement check from a car insurance company quickly, you should work with a good attorney in your state for the best results.

Generally, there are three major reasons settlements for leg injuries can take longer than you like:

• There can be factual or legal contentions in the case. The defense could argue your leg injury is not as serious and thus you should not receive as much money for lost wages.
• The leg injury is severe and affects you for years or life, which involves a lot of money.
• You still are getting treatments to your leg from the accident.

Remember generally that insurance companies want to avoid large payouts as much as possible. That is why big injury cases can take years to resolve and for that leg injury settlement check to arrive in the mail.

If the other driver was at fault in your accident, you can seek financial compensation under his or her insurance policy. You should still contact your own insurer, and then you will want to hire an attorney to help you through the insurance claims process. However, if you live in a “no fault” state, you will need to be able to prove that you suffered a significant or permanent injury in order to seek fault-based compensation in the form of a car accident settlement. 

Yes, if you have PIP or MedPay coverage, you should be able to file a claim under your policy after a low-speed car accident. A good car accident lawyer can help make sure you receive full coverage (assuming your costs exceed your policy limit, which they most likely will), and your lawyer can determine if you have a claim outside of PIP or MedPay as well.

Collision coverage applies when a low-speed car accident involves two or more vehicles. Comprehensive coverage applies when you are involved in an accident involving something other than a vehicle (i.e. an animal or a stationary object). So if you hit a pole at a low speed, you would use comprehensive insurance coverage. If another car hit you at a low speed (or vice versa), the at fault driver’s collision coverage will pay any compensation for the auto accident. 

Attorneys generally handle all types of car accident claims on a contingency-fee basis. This means that their fees are calculated as a percentage of your financial recovery (usually around 33 percent). But, many lawyers do not charge for assisting with PIP or MedPay; and, even taking contingency fees into account, an experienced lawyer may be able to help you recover significantly more than you could recover on your own.

The average low-speed car accident settlement depends on a few factors:

• (i)The extent of the damage to your vehicle.
• (ii) The costs of your injuries.
• (iii) The insurance coverage that is available.

In order to ensure that you are able to collect the maximum compensation available, you speak with an attorney familiar with the car accident laws in your state.

Yes, if the Lyft driver had a collision policy on their auto insurance policy. Lyft says this is contingent collision auto insurance coverage. Also, the collision coverage for Lyft only applies from when the person accepts the ride until the person exits the vehicle. 

However, Lyft’s coverage does not apply if the driver has not accepted a ride. Worse, the coverage has a $2,500 deductible.

The time it takes to settle hinges on the facts of the case. If the Lyft driver was engaged in a ride, then the insurance company for Lyft does not face pressure to settle the claim quickly. Some attorneys say they do not settle rapidly in 80% of cases. 

This is because the Lyft car probably has a $1 million insurance limit, and most cases are worth much less. This translates into their insurance company taking their time on settlements.

Factors that will determine your Lyft settlement amount include: 

• How severe your injuries are. Medical records and treatments after your injuries will play a major role in the size of your settlement. Get treatment as soon as possible after your Lyft injury so that you have good medical records available when you file suit. 
• Current and future rehabilitation and medical costs. 
• Economic damages you suffered. This amount can include loss of income and future earning capacity because of long term injuries and disabilities you suffered. 
• Non-economic damages: You may be entitled to recover money for emotional distress and physical pain you endured. Your pain and suffering compensation can be calculated by per-diem or by assigning a number between 1 and 5 to your suffering, and then multiplying it by your economic damages. 
• Insurance coverage available: Lyft has a $1 million liability policy available. But if the driver did not have his rideshare app on when the crash happened, the insurance coverage of the driver applies. If the rideshare app was on but there were no passengers in the vehicle, there is a $250,000 policy limit. If the rideshare app was in use and the driver is connected with a possible passenger, or if the driver is going to pick up the passenger, the $1 million limit applies. If you were in the vehicle as a passenger when the crash happened, the $1 million policy applies. 

Get medical care right away, even if you do not think you need it. If you wait to get care, your settlement will be smaller because you did not get prompt medical care. To get a claim going, the crash needs to be reported to Lyft. The claim is set up fastest if the passenger or Lyft driver reports the Lyft accident on their app.

After your accident is reported, Lyft’s insurance company sets up a claim for you. You receive a claim number, and all contact from that point is with Lyft’s insurance provider.

If the Lyft passenger owns a vehicle, their Personal Injury Protection coverage pays up to $10,000 in medical costs. But PIP only is in effect in no-fault states such as Florida and several others. 

If the Lyft passenger does not have a car, their relative’s PIP should cover up to $10,000 in medical costs.

Yes. The aftermath of a car accident is confusing. If you do not take essential steps after the event, you could have difficulty filing a claim later. Calling the police after an accident is important and necessary. The police officer will write a police report and will probably give his or her opinion of who is liable for the accident. This is a crucial piece of information that can make or break your claim later.

As a driver of any vehicle, you are required by law to have insurance coverage. The cost will fluctuate depending on many different variables such as your driving record, what type of coverage policy you choose and the State’s policy. Motorcycle insurance ensures protection from any damages including property damage or medical expenses you, or the other party may cause. However, there are some significant differences between auto insurance and motorcycle insurance coverage. One major difference in particular is the possibility of collision and the amount in which the vehicle is worth. Unfortunately, motorcycles tend to cost less than passenger vehicles however; a motorcycle collision tends to have a considerably higher amount in damages. This means that you will most likely receive less for property damages. This may also mean that the personal injury protection section of the policy may cost you more than regular auto insurance.

It is common to see motorcycle insurance cost less than passenger vehicle insurance due to smaller amounts of property damages owed. Motorcycles generally do not cost as much therefore, motorcycle insurance typically costs around 30% less than passenger vehicles. There are other factors that go into how much you may be paying for motorcycle insurance such as driving records and age. Studies show that riders between the ages of 17-25 are viewed as the most hazardous age group on the road and will typically have a higher rate on insurance. Motorcycles are also smaller than passenger vehicles and can easily be stolen therefore will result in a higher insurance rate. One thing to remember is the more secure the bike is, and the more secure the driver is, the more affordable the insurance policy will be.

Motorcycle accidents can be very scary from the lack of protection a motorcycle has to offer the rider. Rear end accidents are surprising enough and if a motorcyclist becomes rear ended, they can become ejected over the handlebars causing very serious injuries. It would be wise to pursue a lawsuit inorder to receive compensation for the damages lost during the accident. Majority of the time, a motorcycle accident victim will suffer extreme injuries costing a fortune in medical bills. If you are looking to file a claim, consult with a personal injury attorney who specializes in motorcycle accidents. Immediately following the accident, seek medical attention and contact an attorney to help you get a better understanding as to what you need to do next. They will gather the necessary information such as police reports, expenses towards medical bills and how much was lost in property damage, in order to help you recover those costs.

If you are the victim in the unfortunate event of a rear end collision on a motorcycle, you are able to file a claim for the damages and injuries sustained by the negligence of the driver. Unfortunately, since motorcycles do not provide much protection between you and the vehicle that caused the accident, victims often sustain extremely severe injuries with a lengthy recovery time.

After being involved in a motorcycle accident, it is very important to seek medical treatment immediately and remain on a strict medical regiment as ordered by the doctor – and remember to to document all medical bills and lost income. To start a claim for a motorcycle accident, the first step is usually to write a motorcycle accident settlement demand letter. If you’re unsure of how to write the letter or what to ask for, most personal injury attorneys will offer you a free consultation and can help you understand how to start the motorcycle accident settlement process.

When you or a loved one has been injured in the event of a motorcycle accident due to the negligence of another driver, you can file a motorcycle accident lawsuit to recover compensation you’ve lost due to the accident. Unfortunately, motorcycle accidents are typically disastrous leaving victims with devastating injuries due to the lack of protection the riders have.

You can receive compensation for multiple reasons, including:

• Wages lost during your time of recovery due to your injuries
• Damage to your motorcycle
• Medical expenses and estimated future medical expenses
• Pain and suffering.

The aftermath of a motorcycle accident can leave you financially unable to pay for treatment or any repairs to your motorcycle. This is why you should consider filing a motorcycle accident lawsuit so that you can recover the money you had to spend on treatment and the money you lost while being unable to work. It’s usually a good idea to speak with a personal injury attorney in your area -most offer free consultations and can give you an idea how much compensation you may be due, and whether it’s better to negotiate an out of court motorcycle accident settlement or file a lawsuit and start the litigation process.

If you are looking to file a motorcycle accident lawsuit and recover the damages you should speak with an attorney. The laws for motorcycles and motorcycle insurance differs from state to state therefore it’s important to find an attorney with experience in this specific practice area who has been practicing in your state (or the state where the accident occurred) for at least a few years.

You can try to settle your accident claim through insurance, but it’s important to be knowledgeable about your situation. Keep in mind that insurance companies will always try and offer the smallest amount of compensation possible. Even if you intend to settle out of court rather than filing a motorcycle accident lawsuit, there are

There are a few ways you can find out how much your settlement value will be. One common way would be to set an appointment with a local motorcycle accident attorney and receive a free consultation regarding your case. However, even though you meet with an attorney and they review the basic information you have given, you will still only receive a ballpark number for your settlement value. Another way to find out what your settlement may be would be to use our motorcycle accident settlement calculator. The calculator uses a simple formula by adding the accompanying things together:

• Doctors visit expenses
• Lost salary for not having the option to work because of your wounds
• Harm to your vehicle and property
• Evaluated future medical costs

Total all those expenses together and at that point there’s normally a multiplier applied to that number, for the most part 1-5, for agony and suffering. If the wounds endured are serious to such an extent that they will cause ongoing pain and suffering as well as handicap you from doing everyday life activities that you are acquainted with, for the most part that number will be higher than for situations where the wounds are completely recovered in 2-3 weeks.

In order to use a motorcycle claim calculator you will need to know a few numeric factors to enter into the calculator. First you will need to know how much was spent on medical expenses and what future medical expenses will cost you. You will also need to enter in the wages you were unable to make during your time of recovery due to your injuries. One last expense you need to add is how much money you spent repairing your motorcycle. All of these expenses will be added together to get a sum. At that point there’s ordinarily a multiplier applied to that number, ranging from 1-5, representing pain and suffering. In the event that the wounds endured are extreme to such an extent that they will cause progressing torment or potentially disable you from doing the day by day life exercises they’re acclimated with, as a rule that number will be higher than if the wounds are completely recuperated in half a month.

The main purpose of a motorcycle accident calculator is to obtain and estimated value for your motorcycle accident claim. This includes personal injuries as well as property damage values. However, when using the calculator you must understand that the estimation it gives you is not the exact amount your settlement may be. It is simply an estimation. The data you input into the calculator is the same information/questions an attorney will ask you in order to come up with an approximation on your case value. How it works is by using a formula that takes the sum of all personal injury expenses plus property damages together. Once you have the sum of those expenses you can add a multiplier 1-5 to represent pain and suffering. The greater the number will represent a significant and more severe injury with prolonged disability from your normal everyday activities. And the smaller the number will represent less severe injuries with recovery time being within weeks. Motorcycle claim calculators are a great tool in order to obtain an approximation for your case value. However, it’s important to keep in mind it is just an estimation and not the final say in how much you will receive for your settlement.

After a settlement verdict has been reached, your attorney will send all the necessary documents to insurance and insurance will send the check to your attorney. Once the attorney receives the check they will take their percentage that is owed to them in fees and send the rest of the portion for you to keep. Generally, your attorney will deduct from your check, the medical records fees, police report fees, court filing fees, and of course the attorney contingency fee. The average timeframe it takes to get your settlement check takes between 4-6 weeks but may vary depending on how long your attorney takes to get it in the mail and delivered to you.

Unfortunately, if you are the rider of a motorcycle and you become involved in an accident, you will likely sustain some pretty nasty injuries. The amount of, or lack thereof, protection you have on while riding a motorcycle is very minor. In the event you are injured in motorcycle accident, the odds are that your wounds are serious and take a long time to recover.  Depending on the severity of the injuries you sustain will depend on the length of time it will take to heal. First thing to do after getting in a motorcycle accident is to call the police and seek out medical treatment immediately. It’s possible you may think you have minor to no injuries, but some injuries go unnoticed right away due to adrenaline and shock. Be sure not to delay medical treatment as it may make the road recovery quicker. It is possible that healing from a motorcycle crash injury can take as little as a few months to several years and ongoing therapy. Once again, it will all depend on the type of injury you sustain. For example, broken bones generally take 2-3 months to heal however, if you have suffered from a traumatic brain injury caused by the accident, it is possible that recovery will take years and at times it’s not possible to fully recover.

If you were in a motorcycle accident, you may wonder what your settlement could be. Motorcycle accidents often involve serious injuries, so it is important to get a fair settlement. All cases are different, so arriving at a ‘good’ settlement amount for your case on a general basis is difficult.

To value your motorcycle accident case fairly, two things must be considered: liability and damages. Liability means the person who was at fault for the motorcycle accident. If there was no liability, because the person who hit you was not at fault, or because you cannot prove it, the case will not have much value. The reason is that it is on the plaintiff to prove that the other driver was negligent.

Damages involves the injuries and losses that you suffered related to the motorcycle accident. The more serious your injuries, you the higher amount of damages you may be entitled to.

When you are trying to value your motorcycle injury case, remember there are two values – settlement value and trial value. The settlement value for a case is what you hope you can settle for. This amount is much lower than the trial value. After all, you settle your case to avoid any risk of losing in a trial, where you would get nothing. The trial value is what you expect you could win at trial.

Let’s look at this example. Say based upon damages and liability, you think that if you went to trial and won the case, you would get $200,000 from the jury. But you think you have just a 20% chance of winning. In that case, you may be wise to settle for less than $40,000, which is 20% of the expected value at trial. Generally, the settlement value for a case is a bit less than the trial value, multiplied by the chance of winning at trial.

There are two types of damages in a motorcycle accident case:

• Special damages, such as medical costs and lost wages
• Pain and suffering that are harder to calculate

Special damages are your past, present and future lost wages and earning capacity, medical costs and other related financial losses. Pain and suffering cannot be exactly calculated. Because of this, the judge will tell the jury to use good sense to determine what the pain and suffering amount should be.

Your personal injury attorney can review your case and provide you with a rough idea of what your motorcycle accident case settlement could be, including pain and suffering.

After being involved in a motorcycle accident, you will likely sustain some major damage to your bike as well as some serious physical injuries. The aftermath of a motorcycle accident can be devastating and take a toll on you financially. There is no exact answer as to how much you might receive as a settlement for your motorcycle accident due to multiple unique variables each case has to offer. In order to come up with some ballpark estimation, you must evaluate the injuries sustained and total up the medical expenses. The more severe the injury, the higher your settlement may be. Some real life examples of motorcycle accident settlements include:

• $300,000 settlement for a truck driver pulling out in front of the motorcyclist causing soft tissue injuries and a herniated disc.
• $395,000 settlement for accident occurring during an emergency transportation vehicle making a u turn. Motorcyclist sustained permanent injuries.
• $300,000 settlement for accident caused by a truck pulling out in front of the motorcyclist causing soft tissue injuries, herniated disc and knee injuries
• $750,000 settlement for the death of a motorcyclist caused negligent driver that was driving too fast.

There is no specific answer when it comes to how much money you will be able to collect for your damages. There are multiple unique factors in each case that make it impossible to answer this question. If you are looking for a generic answer, your best option would be to narrow down the search by specific injuries you sustained from your motorcycle accident. But the best way to find out how much compensation you may be able to receive would be to consult with a personal injury motorcycle accident attorney. By speaking with an attorney, they can take a closer look at all the variables that go into your case and come up with a more realistic figure. Here are some real examples of motorcycle accident settlements:

• $300,000 awarded to motorcycle victim after a truck had turned in front of the motorcyclist tearing a knee ligament and a herniated disc.
• $350,000 awarded to motorcycle victim after a sedan hit the motorcyclist causing injuries to his shoulder requiring physical therapy.
• $450,000 awarded to motorcycle victim after a negligent driver was texting on their phone causing leg and wrist injuries requiring surgeries to repair.
• $275,000 awarded to motorcycle victim after a driver failed to yield on a left hand turn causing minor soft tissue injuries that were treated in the hospital however, the motorcycle was a total loss.

In order to figure out how much compensation you can get for your motorcycle accident you can use a tool called a motorcycle accident calculator. The calculator will gather a few numeric factors that include:

• Medical expenses due to injuries caused from the accident
• Estimated future medical expenses
• Property damage to your motorcycle
• Wages lost from missing work due to your injuries and time to recover

Once you have added the total sum of the factors above, a multiplier 1-5 representing pain and suffering is applied to come up with your approximated total. The greater number of the multiplier will represent extremely severe injuries with ongoing treatment and recovery that affect your day to day activities. If the injuries sustained and minor soft tissue injuries with a shorter recovery time, the multiplier applied will be lower.

Although many of us think of motorcycles as fast, dangerous and extremely accident-prone, it is not necessarily true that motorcycles accidents are more common than regular car accidents. They are however, more inclined to result in fatality or serious injuries. If you are going to ride a motorcycle, be sure to take all the safety courses and never forget to ride without protection! There has been a steady increase bike-related accidents over the years with 35 times more deaths from motorcycles accidents than a passenger vehicle.  About 75% of motorcycle accidents collide with passenger vehicles and 25% are single vehicle mishaps caused by weather or road inference. The best way to dodge a collision is to driver cautiously and be able to have the capacity to foresee the surrounding drivers’ next course of action.

Motorcycle accidents are tumultuous and often leave victims with extremely serious injuries. In the event that you become involved in a motorcycle accident, you might question weather or not you should contact a personal injury attorney. It is always a wise decision to contact an experienced attorney especially if you have been injured. There are numerous ways that a lawyer can benefit you and help the process of filing a personal injury claim go smoothly to ensure you receive a fair compensation settlement. Without the help of an attorney, it is possible you may receive a substantial less amount due to insurance adjusters attempting to settle for a minimum amount. With the end goal to get a reasonable shot at a sensible settlement, you will need an experienced attorney who practices personal injury law and knows what a fair settlement value will be for your claim.

If you have suffered any kind of loss from being involved in a motorcycle accident, you can file a claim to recover the damages lost. Filing a claim can be confusing if you have never negotiated with insurance companies as well as being unfamiliar with motorcycle state laws. You shouldn’t have to expense everything from your own pocket due to the neglegence of another driver. Each accident claim has unique factors so researching online is not always as helpful as you would hope for. You should consult with your local personal injury attorney with an emphasis on motorcycle accidents. They will be able to help you through the process and obtain compensation for the damages caused by the accident. Generally, motorcycle accidents leave victims with severe injuries and great damages to the victims motorcycle. If you were in the hospital due to injuries from the accident, unable to work and sustained property damage to your motorcycle you have the option to file a claim. By doing so, you can recover the expenses spent on medical bills, wages lost during recovery time and property damage.

Motorcycle accidents are not to be taken lightly when it comes to injuries. Due to the lack of protection a 2-wheeled vehicle has to offer, injuries tend to be severe and often life threatening. Some of the more common injuries sustained during a motorcycle accident include:

1. Road rash– If you have ever had a rug burn, picture that but MUCH worse. Road rash occurs after the motorcyclist has been sliding across pavement leaving the skin badly cut, burned and bruised.
2. Head trauma– Head injuries such as concussions are common in motorcycle accidents. All the motorcyclist has protecting their head is a helmet. If you are experiencing dizziness or feeling nauseous it is possible you have sustained a brain injury.
3. Neck injuries– Neck and spine injuries can be life threatening or can leave you disabled for the rest of your life. Paralysis is common so be sure to wear your helmet every time you ride a motorcycle!
4. Broken bones– Broken bones caused by a motorcycle accident are commonly the arms and shoulders from landing sideways on the bike. These injuries can leave the rider with permanent nerve damage.
5. Facial fractures– Facial injures are especially common when the rider is not wearing a helmet.
6. Muscle damage– Muscle damage can leave riders with an extremely lengthy recovery and at times can leave the victim paralyzed.
7. Leg, knee and feet injuries– Lower limb wounds can be extremely agonizing and take months to recover from. Unfortunately, when legs, knees and feet are smashed and extended unnaturally from a motorcycle accident these injuries can leave you immobile for quite some time and lead to an expensive recovery.

A motorcycle accident claim calculator is a tool you can find on our website to help you receive an estimated case value for your settlement claim. The calculator will ask you specific questions regarding your accident such as how much your medical expenses cost, how much  Every case has unique factors therefore, the calculator can only intake so much information and give you an approximation. If you are looking for a clearer answer on how much you may receive, you will need to speak with an experienced motorcycle accident attorney. They will be able to review the specific details about your case and give you more of a pinpoint answer when it comes to your settlement value.

The aftermath of a motorcycle accident can be chaotic and often leave you injured and in a debilitating state. After such a traumatic event, it’s easy to feel overwhelmed but it’s important to take proper steps to help the process move along quickly and get your life back on the right track. Important steps to follow after a motorcycle accident are:

• Check for injuries- If you are experiencing pain or discomfort it is most likely you have been injured. Often injuries can go unnoticed due to shock so it would be wise to seek medical treatment right away.
• Call the police- Call the police to file a report so you may be able to recover damages from the accident.
• Pursue medical treatment right away- The longer you delay medical treatment, the tougher it may be to make a full recovery.
• Contact insurance/collect other involved parties information- Don’t forget to exchange information with all parties involved in the accident. Take photos if possible, gather witness statements and file accurate police report.
• Contact an attorney- To ensure you are compensated for your injuries, property damage, medical bills and more, be sure to contact an attorney so you are able to recover fair compensation.

If you become injured from a motorcycle accident, be sure to contact an attorney who handles cases involving car accidents, motorcycle accidents and personal injury. They are all generalized as a personal injury lawyer so while doing research for an attorney, be sure to look under the “Practice Area” section to see exactly what they specialize in. Motorcycle accidents tend to cause extreme wounds and due to the severity of the wounds will often lead to a higher settlement value. Be sure to the personal injury attorney you decide to hire is not only experienced in car accidents, but has also dealt with motorcycle victims as well.

As if getting in a motorcycle accident isn’t scary enough, they can be emotionally overwhelming when you are hit with hefty bills such as medical expenses and insurance costs. How much is considered a reasonable settlement value? You must first determine who the liable party is for the collision. Although, there is no straight answer as to much how compensation you may receive due to many different variables regarding the accident, first you must understand what factors go into determining how much compensation is fair. Factors to consider include:

• Medical expenses- this includes current medical costs and future medical expenses.
• Property damages
• Pain and suffering
• Loss of wages

Some real life examples of motorcycle settlement case results include:

• $250,000- after suffering several fractures and broken bones
• $200,000- head trauma and concussion
• $500,000- suffered broken ribs, fractured pelvis and concussion
• $850,000- suffered knee and wrist injuries, broken pelvis and cracked ribs

Motorcycles are appealing in the sense you can cruise the roads completely open with unobstructed views however, this means in the unfortunate event of an accident you may be left with some severe injuries and damages to your bike due to lack of protection. How do you stay safe in the event of an accident? Here are some tips on surviving a motorcycle crash:

• Prepare for collision- Apply breaks with an even distribution rather than slamming on the bikes front breaks.
• Crash lying down- If you see that you are about to crash, it’s best to avoid any oncoming traffic and slide with the bike.
• Rolling- Once you’ve crashed, your body will likely roll. It’s important to roll in a tucked position protecting your head and neck.

To ensure you remain as safe and protected as possible it’s important to keep these safety tips in mind:

• Wear protective safety gear- Always wear your helmet! It would be wise to invest in some body armor as well such as jackets, pants, gloves and boots. These are generally made out of thick padded materials such as leather or even Kevlar.
• Be sure the obey speed laws- Watch your speed when on the road. Cars often make sudden stops so if you are speeding, it will reduce your reaction time and you might not be quick enough to avoid an accident. This also includes following at a safe distance. Tailgating is dangerous and often ends in collision.
• Avoid distractions- Keep a sharp eye on all drivers around you, don’t text and ride and most importantly, don’t drink and ride. Riding a motorcycle takes a great amount of balance and strategy. If you are intoxicated, this decreases your ability to perform important maneuvers while riding putting yourself and others in danger.
• Acknowledge other vehicles- Expect that other drivers might not see you. Motorcycles are small and fast and often weave in and out of traffic. Try and think of the next move that other drivers on the road may make.
• Take all the necessary courses- Be sure you know what you are doing before you get on a bike.

Motorcycles are small and fast and often go unnoticed by distracted drivers. When it comes to determining the fault of a motorcycle vs. car accident, more often than not the responsible party of the collision is the driver of the car. In order to determine fault for a motorcycle accident, you must first call the police to file an accurate police report with witness statements. Insurance companies depend on the police to file accurate reports to allow them to have the details they need to determine who the at-fault party may be. Officers on the scene have abilities for figuring out who is to blame by examining the vehicles damages, injuries and gathering other evidence to determine whom the negligent driver is. Unfortunately, motorcycles accidents are fairly common particularly on the grounds that drivers do not generally see them. In the event that the motorcycle was splitting lanes aggressively and weaving in and out of traffic, it will most likely be the fault of the motorcycle rider.

After a multi-vehicle car accident, some period of time needs to go by before you understand the severity and nature of your injuries. Even minor pain and injuries could linger for a few weeks after an auto accident involving multiple care before you can completely assess how it affects your life. More serious car accident injuries will necessitate medical treatment that may be ongoing for weeks or months, and the fact that there were multiple cars involved in the accident just complicated things further… more injuries, more cars to fix, and more insurance companies to negotiate with. 

But there is a time limit you have to file a car accident claim for your multi vehicle accident, knows as the statute of limitations. The statute of limitations is defined as the maximum amount of time someone has to file for legal recourse (file a claim or initiate a car accident lawsuit) after the incident occurred. 

Most states have a statute of limitations of 2-3 years for car accidents, although there are a few exceptions. This doesn’t mean that you have to agree to accept an auto accident settlement in this time frame, just that you need to initiate the process. Getting your case started is one thing, but you do not want it resolved (i.e. accepting a multi vehicle settlement offer) before you understand the full nature and extent of your injuries. 

Once you have filed a car accident claim with the insurance company asking for compensation for your injuries, lost work time, and pain and suffering, you will start negotiating the final multi vehicle accident settlement. 

An important aspect of the negotiation process is whether you have reached maximum medical improvement, or MMI. This means you are as healthy as you will be after your injuries, or you and your lawyer at least know how to assign a value to your damages as far as future medical treatments and the ongoing financial costs of your injuries. 

Keep in mind there is nothing lost by starting the car accident claims process before you reach your MMI. Just be sure you fully understand what your past and future damages are before you settle the case. 

You need to make sure you do not accept a multi vehicle car accident settlement and sign a liability waiver before you are confident you have reached MMI, or you have fully accounted for the necessary expenses for your future care in the settlement. Once you have signed the waiver, the case is settled and there is no going back. 

Typically, the driver that has rear-ended you is liable for any damages that occur to any of the vehicles involved in the multi car accident.

However, this does not mean that the last car involved is always liable for the entire accident. Generally, it is the responsibility of each driver to control their vehicle and keep distance to avoid a rear-end collision in the event of any sudden stops. If the police report and/or witness statements show that you were following too closely behind the car in front of you, there’s a chance partial fault may lie with the middle car as well.

Generally, 3-car pile-ups are rear-end collisions possibly causing a chain reaction of accidents, typically determining the rear car at-fault for the entire pile-up. However, it’s not always the rear driver’s fault. If you are the last car to be involved in a 3-car pile-up it ordinarily means there was some reason, which caused the 2 cars ahead to collide such as bad weather, or the first car failed to have proper break lights. Determining who is at-fault in a 3-car pile-up is a complex process that involves investigating each driver’s circumstances. Just because you are the last car involved in a multi-vehicle accident does not necessarily mean you will be determined at-fault. Be sure to collect concrete evidence such as a police report, eyewitness statements and interviews from other drivers/passengers.

In the unfortunate event that you are involved in a multi-vehicle accident involving 3 or more cars, it can be a bit confusing exactly who to put the blame on. A vehicle may hit another vehicle since they themselves were affected from behind, which usually happens in multi-vehicle collisions. So, how do you determine who is liable for a multi-vehicle accident? When one driver runs into the back of another, and that individual’s car is involuntarily forced forward into the car before them, that driver would be at-fault since they solely began the chain reaction. The driver determined to be at-fault for the accident is liable for damages to property as well as personal injuries. The liable party is responsible to pay either out of pocket or through their insurance.

Determining who is at fault in chain reaction car accidents can be challenging. The more cars involved, the more complex the investigation.

When the accident happens, the police will do an investigation to determine the cause of the crash and who might be at fault. But remember: Police can issue tickets for traffic violations, but they do not determine who is liable for an accident.

Because of the amount of insurance money involved when there are several vehicles involved in a chain reaction wreck, it is common for auto insurance companies to bring in their own investigators to determine fault.

The legal system determines who is at fault by finding the person who started the chain reaction crash. In a rear end crash, it is assumed to be the driver at the back of the accident.

Investigators for the insurance companies will also look at other possible contributing factors:

• Was distracted driving a factor?
• Were any drivers under the influence of alcohol?
• Was any driver speeding or engaging in road rage?
• Were any drivers tailgating?
• Was any driver driving the vehicle too fast for weather conditions?

In a chain reaction crash, it is important to have a skilled personal injury attorney advocating on your behalf. He will maximize the chance that you will get as much compensation as possible for your injuries in this complex crash claim or lawsuit.

Chain reaction crashes are very dangerous and scary, as there is more than one threat to your safety. These cases are more complicated for attorneys to work out for settlement because there are several defendants and insurance companies involved.

The largest issue in a multi-vehicle accident is to determine who was at fault. The dollar value for a multi-vehicle accident can run high. So, an insurance company may bring in a special investigator to review the accident case. The matter of fault is going to hinge on duty of care and proximate cause.

Every driver has what is known as duty of car to drive in a safe and reasonable way and to watch out for others on the road. If a driver or drivers breaches their duty of care, there must be a connection made between the breach and the accident.

The most difficult part of an auto insurance claim with several cars and drivers is that it is challenging to assign blame equally and fairly among all drivers. Disputes may arise. Keep in mind that in most multi-car accidents, there will be multiple claims for compensation, they will probably be contested and the entire process will take longer. You will almost certainly need a personal injury attorney in such cases to best represent you. It is best to present your case to your attorney in a consultation to get a better idea of what the claim could be worth.

When you are in an accident that involves several cars, establishing fault is complicated. There are usually several auto insurance companies involved and all are trying to reduce their liability and pass the buck to the next person and company. This means there will probably be multiple parties to blame for different parts of the accident. So, you will want to hire an experienced multi-car accident personal injury attorney who has the experience and skills to handle these complex cases.

An attorney who is skilled in multi-car accidents will be able to handle the following aspects of your case:

• Find and communicate effectively with all insurance companies involved
• Determine the level of insurance coverage for each driver
• Determine degree of fault for each driver
• Whether you share any blame for the accident, and whether you have a case
• Gather all needed information by completing a thorough investigation, research and deposing witnesses
• Ensure medical bills are being paid by insurance companies
• Get you a fair settlement for lost wages, pain and suffering and and injuries

In a multi-car accident, it is rare for the front vehicle to be blamed for the accident. However, it can occur on occasion. Witnesses or others involved I the crash may say that the front car stopped for no reason – no traffic light, traffic or stop sign – just stopped for no reason at all. Or, the front vehicle may have suddenly moved from one lane into another and hit their brakes. In these cases, it is possible for the front driver to be at fault, but again, this is rare.

The average car accident settlement ranges between $14,000 and $28,000, so generally, the typical settlement average is $21,000. The average for a more serious car accident is $31,000. You should talk to your personal injury attorney to find out more information about what the settlement amount could be for the front driver in a multi-car accident.

What does it mean to be involved in a “chain reaction” car accident? A chain reaction car accident involves at least 3 vehicles where one vehicle hits another in a progression of backside collisions that are caused by the impact of the primary crash. For example, it’s a rainy day and the road is slippery. Vehicle A, rear-ends vehicle B, forcing vehicle B to rear-end vehicle C. These types of accidents can be tricky when determining who is the at-fault party is due to the amount of drivers involved in the accident. In most situations where the driver rear-ends the car in front of them is liable. When determining who is at-fault you must review a series of questions for all drivers involved. Questions to help determine who is at-fault include:

• Was Driver A following Driver B at an unsafe speed or distance?
• Was Driver B following Driver C at an unsafe speed or distance stopping suddenly forcing Driver A to rear-end Driver B?
• Were any drivers driving negligently? (Under the influence, tired, distracted)
• Were there any eyewitnesses to verify?
• Break lights and signals working properly
• Debris in the road that has failed to be cleared causing sudden stops
• Evidence from vehicle damage can help determine who is at-fault

Technically, whiplash most commonly occurs when someone is stopped at a light or stop sign and gets rear ended by the car behind them, causing the head and body to jerk forward and backwards violently.

So you can (and usually do) get whiplash injuries while at a complete stop. Whiplash neck injuries can occur when the rear car is going as slowly as 5 MPH, but is more common in moderate and high-speed auto accidents with additional injuries to the neck, back, and other areas of the body. Concussions are also very common car accidents involving more serious whiplash injuries, due to the fact that when the head snaps back and forth as described above, the brain can rattle around inside the skull, causing bruising and swelling of the brain and other head injuries in higher speed car accidents.  

You have pain that does not fade after a few days or is severe; shooting pain in the extremities; weakness or numbness in the arms or legs, and difficulty controlling bladder or bowels.

With severe injuries involving paralysis, settlements can be in the millions of dollars. For whiplash, herniated and bulging discs, settlements typically range between $10,000 and $100,000.

The average settlement from neck injuries after car accidents is somewhere in the range of $20,000-$25,000. It’s important to understand that each car accident case has varying factors that mean each case will have different settlement values, and what’s “typical” is hard to pin down. Your individual car accident settlement will be directly impacted by a number of factors, most notably the severity of the neck injury suffered in the crash. A typical whiplash settlement is going to be less than a typical settlement for a broken neck, but both are neck injuries. Even within whiplash injuries, the grade of whiplash suffered can dramatically increase the settlement amount you receive. 

Immediately following the accident, you should be diagnosed by a medical professional and begin treatment as soon as possible. This allows you to begin your paper trail of proof that you have an injury and have been treated since the date of the accident. This will help provide the proof you need in order to receive maximum compensation for your neck injury, to cover and present medical bills, potential future surgery, physical therapy costs, pain and suffering, and loss of income due to missed work.

For many personal injury claims, pain and suffering compensation is often less than $15,000. However, the severity of the injury is a massive factor, and if there is surgery, compensation rises quickly.

There is not one answer as to what an average settlement value for neck injuries are due to each situation having so many diverse factors. However, here are some examples of real settlements received by neck and back injury victims: 

• $380,000 settlement for a herniated disc requiring surgery
• $250,000 received for re-injuring a previous broken neck injury 
• $525,000 received for a c3-c4 spinal disc injury
• $100,000 received for a bulging disc in a rear end collision settlement

Oftentimes, a neck injuries in car accidents are the result rear end collisions, leaving you unprepared for what’s about to happen. Your head will rapidly jolt forward and back, causing pain to your neck and upper back. There are cases where you might not feel pain in those areas immediately following the collision, such as cases of delayed whiplash.

Do not dismiss a doctor visit, because you may need a scan from a professional to diagnose what type of injury you’ve sustained. In each situation involving a car accident settlement claim, there are unique factors that create a total sum of damages. First you must evaluate what type of neck and back injury you have been diagnosed with. Once you understand that, you can factor in other variables such as recovery time, possible surgery, medical bills, wages lost from time missed at work, pain and suffering as well as property damage.

A soft tissue injury settlement may be between $10,000 and $15,000. For more compensation, the soft tissue injury must usually be permanent.

You are required to report a car accident in Nevada within 10 days of the crash if anyone was injured or killed, or there was $750 or more to a vehicle or property.

The insurance company must pay the claim within 30 days after they accept liability.

Nevada is a fault state, which means the person who was at fault for the accident must pay for any damages or injuries.

This state requires you to have $25,000 in bodily injury liability coverage per person, and $50,000 per accident. Also, you must have at least $50,000 in coverage for property damage and $25,000 for uninsured motorist coverage.

For the most part, you cannot file a lawsuit against the other driver in a no-fault state. This system has been set up in 12 states to limit the number of personal injury claims. You usually must file your claim with your own insurance company to pay for your lost wages and medical costs.

However, most at fault states do allow lawsuits against the at fault driver if the personal injuries meet a certain threshold; note that the definition of this threshold will vary by state. The injured person can usually file a lawsuit against the other driver if the claim is more than a dollar amount – $3000 is common – and/or the injury is determined by a doctor to be serious. In most states, this means that the injury must involve the loss of use of a body part, disfigurement, bone fracture or permanent disability. Some states feature both, so you can sue if the claim meets either standard.

For example, states with a monetary threshold for filing a lawsuit are HI, KS, KY, MA, MN, ND and UT. States that have a serious injury threshold are FL, MI, NJ, NY and PA. The choice states are KY, NJ and PA.

Keep in mind that if you want to file a lawsuit against the other driver, you will need to be seen by a medical professional in many cases to determine if your injuries are serious enough to warrant filing suit. Or, you will need to prove that your medical costs and lost wages are more than a certain dollar amount.

Because of the different laws in each state regarding personal injury protection, whether you can sue or not will always depend upon the no fault law in your state. The best idea is to talk to a personal injury attorney who is well versed in your state’s no-fault insurance laws.

Many drivers often wonder who has to pay the deductible when involved in a car accident. What about a deductible in a no fault state? The thought of having to pay a deductible after being involved in a car accident, especially one where you were not at fault, is very stressful. When you have to pay a deductible you typically have to pay it out of your own pocket before repairs can be made to your vehicle. There are some instances where the insurance company will deduct it from the total value of the claim they are going to pay you after the accident.

Deductible Not Impacted

The deductible on your insurance policy will not be impacted if you are involved in a car accident that happens in a no fault state. Why? Because no fault insurance typically only covers lost wages and medical expenses, not the damage to your vehicle from the crash. This means that you will still need to file a claim against your insurance company for the damage caused to your vehicle and pay the deductible as requested, most often out of your own pocket for repairs.

Required to Pay the Deductible

You are required to pay the deductible that you agreed to when you signed on the dotted line for your insurance policy whether you are in a fault or no fault state. If you fail to pay the deductible to the insurance company, the company will not issue you a check for repairs and you will either have to drive the vehicle with damage or find alternative transportation. It is possible that you could be reimbursed for the deductible you pay and it could come from your own insurance company, the other driver’s insurer, or even the other driver involved in the car accident.

If you live in a no-fault state you are required to have no-fault insurance. So what does no-fault insurance cover? Every policy is different and every State is different, but generally they all follow the same guidelines. Unfortunately, most States exclude property damage and are typically not covered. This means that damage to your vehicle and damages to the other parties’ vehicle will not be covered. Although property damage is not covered by no-fault insurance, there are other opportunities for coverage. If you would like property damage coverage, it is likely you will need to purchase a separate coverage for collision damage. In the unfortunate event you become involved in an accident and sustain damage to yours or the other parties’ vehicle, it would be wise to have collision insurance coverage in order to make a claim with your own insurance company to be compensated for the damages.

There are about 12 states that have a no-fault auto insurance system. These states are Florida, Hawaii, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah. No fault insurance means your own auto insurance policy will pay for some or all of your medical bills and lost earnings if you are in a car accident. In most cases, your policy will pay for your damages even if you were not at fault for the accident. Most no-fault auto insurance claims are made through your policy’s personal injury protection plan. This is mandatory coverage in most no-fault states.

In most claims in a no-fault state, you will file your auto accident claim with your own insurance company. However, there are exceptions. You cannot make a pain and suffering claim against your own policy. You can only go after this type of compensation from the at fault driver, IF your medical bills rise to a certain level, or your injury is determined to be serious. In these limited cases, you may be allowed to go outside the no fault rules for your state.

For instance, your state laws may not allow a personal injury claim against the other driver until your medical costs go over $3000, or if you have a serious injury such as a broken bone. The purpose of these rules is to try to streamline auto accident cases, particularly small claims.

For instance, if you are in a car accident and have $7500 in bills and the other driver is at fault, you may be able to go outside the no fault system, if your injury is ‘serious’ according to state law. This might include a broken bone, disfigurement, permanent limitation or full disability for 90 days. This needs to be determined by a doctor.

Auto insurance for most states is based upon the concept of fault. If the accident happens in a ‘fault state,’ then the person who caused the accident usually is responsible for paying for repairs, medical costs, pain and suffering, etc. for the injured party.

However, there are some states that are ‘no fault.’ This means that no matter who is at fault for the accident, your own insurance policy will pay for your damages, including medical bills, lost wages, pain and suffering, loss of future wages, etc., up to a certain point.

There is no responsibility determined for an accident in a ‘no fault’ state in most cases because each party’s own insurance policy pays for their damages.

That said, there are cases where you can go outside the no fault system and still file a claim against the other driver. For example, if your medical bills are above a certain level, your state may allow you to file a claim or lawsuit against the other driver. A common number is $3000 – if your damages go above this amount, you may be able to file a claim.

Use our calculator to determine how much you could be owed

Another factor regarding no fault claims is that you cannot make a pain and suffering claim on your own policy. So, if you want to do so, you will need to file the claim against the other driver if your medical damages rise to a certain level.

So, there are many cases where responsibility for the accident in a no-fault state does not occur. But if your damages rise to a certain level and include pain and suffering claims, then you will rely upon the insurance and/or legal system to determine the other party was at fault for the accident and allow you to claim damages from their policy.

When you become involved in a traffic accident regardless if it was your fault or not, your auto insurance rates will increase. Numerous drivers are uninformed as to how long an accident will remain on their record or falsely believe there are no options to reform their record. Over time the accident on your record will be lifted and insurance rates will go back to normalcy however, the accident will remain on your record for 3 years starting from the day of the accident. Now, in order to keep insurance rates from skyrocketing, you have options such a defensive driving courses. You will be paying extra out of pocket to take such course however, this will help insurance rates from increasing. Other factors that go into determining how insurance rates will fluctuate will be influenced on your past driving record. If this is your first accident with minimal damages, some insurance policies have accident forgiveness and will not punish your first offense.

If you are in a car accident, you may have heard something about a ‘no fault accident’ or ‘no fault insurance.’ What does this mean?

Approximately 12 states currently have what is called a ‘no fault’ system of various sorts. These states include FL, HI, KS, KY, MA, MI, MN, NJ, NY, NK, PA and UT.

No fault insurance means that your own auto insurance company will pay for some or all your damages, including property damage, medical bills and lost earnings, up to a certain amount that varies by state. Even if you were not at fault for the accident, no fault means your own insurance will cover your damages, but again, only up to a certain amount.

Every state with no fault has different rules. Some require your own insurance to pay up only to $3000 or $5000; you then could make a car accident claim or file a lawsuit against the other party for any additional damages. Some states, such as KY and PA, give you the choice to opt out of the no fault system when you buy auto insurance.

A no fault insurance claim may also be called a personal injury protection or PIP claim. This is where you make a claim with your own car insurer for payment of your medical bills, lost wages and other out of pocket damages after an auto accident. Note that you cannot make a pain and suffering claim against your own insurance; if you wish to do that, you may go outside the no fault system and try to collect a car accident settlement from the other driver’s insurance.

If you are in a no-fault state, it is a smart idea to carry more than the minimum level of insurance. If you are in a car accident with serious injuries, even if it is not your fault, you could have a large medical bill and lost earnings that your own insurance may not cover all of because you did not purchase enough insurance. Yes, you can file suit for the rest, but this takes weeks and months, while getting benefits from your own insurance policy is generally much faster.

Were you involved in an accident? Was it determined that there was no fault involved? This usually occurs when there are no tickets issued to any of the drivers involved in the accident by the responding police officers. Accidents with no fault also occur because none of the drivers involved broke a traffic law, the officer was not present to witness the crash, and when observing the scene, the officer cannot deem who would be at fault for the crash. So, what happens in a no fault accident?

You Can Pursue a Claim

Even though no fault was handed out by the officer after the accident you can still pursue a claim, especially if you suffered an injury as a result of the crash. You will need to work with a personal injury attorney who can open an investigation into the crash to help determine which of the drivers involved was at fault for the crash. This will go a long way in determining if you can recover compensation for your injuries.

Carry No-Fault Insurance

It’s best that you carry no-fault insurance as part of your overall auto insurance policy. Why? This insurance, also known as personal injury protection, or PIP, will help protect you when involved in an accident, no matter who is deemed to be the at-fault driver. This means you will be able to file a claim against your own insurance company for your medical bills, lost wages, and any other damages incurred because of the crash. This type of insurance policy helps lower overall insurance costs because you don’t have to build a case that proves the other driver was the cause of the accident.

Another important question many car accident victims ask their attorney centers around the damage to the car. Who will pay for the car damage in a no fault state? First off, a no fault state is one in which fault does not need to be determined in order for compensation to be paid out to the victim of a car accident. So, who winds up footing the bill for the damage to your car if you live in a no fault state?

Your Insurance Company

In almost all car accidents that occur in a no fault state, your own insurance company will foot the bill for the damage to your car. This is due to you holding no fault insurance and the lack of requirements from the state that negligence must be proven. There are some states out there that do not require insurance companies to pay for the damage to your car even if they are no fault states. You should always review your insurance policy periodically, as well as the laws of your state, to understand what will be covered in the event of an accident.

Up to Policy Limits

It doesn’t matter where your car accident occurred, in a fault or no fault state, the insurance company that holds your policy will only pay a claim up to the limits of your policy. This means that if you have a policy limit of $15,000 and the total amount of damage to your vehicle was $20,000, you will need to file a claim with the insurance carrier and then file a lawsuit against the other driver for the remainder of the damage. If the repair costs for your vehicle exceed the vehicle’s value, it will be declared a total loss. The insurance company will issue you payment for the fair market value of the vehicle and then take it from you.

If you live in a no-fault state, the laws will affect the amount of any potential personal injury compensation owed as a result from a car accident. In a no-fault state, the general law is that all drivers are to insure themselves. In the case of an auto accident, if you are injured and have damages to your vehicle, the source of compensation owed will come from your own insurance provider. Payouts will be different in a no-fault state due to the insurance coverage you have chosen. It is possible you can file a lawsuit against someone to recover damages if certain criteria are met. No- fault insurance covers the medical expenses under your PIP policy. The policy will cover inconvenience, disfigurement and punitive damages. Drivers are required to have no-fault insurance in order to have the following coverage:

• Personal injury protection: Covers medical expenses and pays as high as 85% of wages lost for up to three years.
• Residual liability: Protection from being sued by others (with the exception of special circumstances).

Drunk driving is a serious crime that thousands of people are charged with annually across the country. Many who are involved in drunk driving accidents often wonder if their no fault insurance policy will cover them for the crash. This is a common question many attorneys receive from their clients and the answer is not cut and dry. There are times where the policy will cover you and times where the no fault insurance policy will not cover you if you were driving drunk.

Is it Intentional Conduct?

Where insurance companies get you is by claiming that driving drunk is intentional conduct. Insurance companies will not cover their drivers for any accident that involved intentional conduct. Some will argue that drunk driving is intentional conduct because the driver intentionally drank the alcohol, intentionally got drunk, and then intentionally drove their vehicle. They will also argue that the driver then knew what the consequences of their actions would be if they drove drunk.

You Should be Covered

For the most part, you should be covered if you are involved in a drunk driving accident when you have no fault insurance on your policy. Almost all claims involving personal injury are solely based on the fact that the at-fault party acted in a negligent manner or made a mistake in their actions. This is why most insurance companies will provide coverage for drivers who were driving drunk at the time of an accident. There is still the outside chance that coverage will be denied if the accident is serious enough that it could be deemed you acted intentionally.

In North Carolina, the insurance follows the car. This means if someone borrows your car and injures someone, the injured party will pursue you for damages because you insure the vehicle.

The insurance company is required to acknowledge the receipt of a car accident claim within 10 days, and also must mail payment for a claim within the same timeframe. But in between receipt of the claim and payout of the final settlement, there is a lot of back and forth negotiation around what is a fair car accident settlement amount, given the circumstances of your North Carolina auto accident. 

Your adjuster is obligated to act in good faith on your behalf but only within the bounds of North Carolina state law. They have a job to do – namely to settle your claim as fast as possible while also minimizing their company’s financial liability and exposure.

Once all the facts are agreed upon, the adjuster will usually send you a letter with an offer to settle the claim. If you disagree with the offer or if no offer is made within 30 days, you have the option to file a car accident lawsuit against the at fault driver and his/her insurance company in court.

No. North Carolina is a fault state. This means if you are injured in a car accident, you can file a claim against the driver that caused the accident.

You are required to have at least $30,000 in bodily injury coverage per person and $60,000 per accident. You also must have at least $25,000 coverage for property damage.

You must file a personal injury claim from a car accident within three years of the accident date.

Parking lots can be crowded, hectic places with distracted drivers and pedestrians. With so many distractions around, it’s easy to become involved in an accident. In the unfortunate event you are involved in a parking lot accident, it would be wise to call the police and make an incident report. After checking for injuries and making sure you’re in a safe location, be sure to call the police so a report can be filed. However, most parking lots are private property meaning the police may not arrive to the scene if injuries are not present. If you are a victim of a parking lot accident due to the negligence of another it does not necessarily mean that the negligent driver will be cited for the collision. Since most parking lots are private property, Vehicle Code cannot be enforced.

Parking lot accidents are frequent but generally minor with little damage. It is possible that your insurance provider may cover damages done from a parking lot accident however, it all depends on which type of coverage package you have. In order for insurance to cover the damages, you must have collision insurance. Although an accident that occurs in a parking lot is commonly private property, your insurance still applies correspondingly and handles the claim similarly to how they would on a public road.

No matter the severity of the car accident, you can still sustain injuries that may affect you physically and emotionally for quite some time. Even if the collision is minor, you are still able to receive compensation due to the negligence of the faulted driver. In order to establish a monetary figure to compensate you for the accident, you must first provide some information to help prove you have indeed been injured due to the fault of someone else. 

Even in minor parking lot car accidents, your vehicle may be damaged and in need of repair, as well as medical bills and ongoing pain & suffering as a result of the accident. Once you have an estimate of the total damages you’ve been issued, you can also add in wages you were unable to make during time of recovery from your injuries. For minor collisions, a typical settlement could be a few thousand dollars however, it will of course vary from case to case as each incident is different. 

The easiest way to ensure you are owed the maximum amount of compensation is to speak with an attorney so they can review your case and fight for you on your behalf. 

Anytime you become involved in an accident causing an injury, it is always a good idea to contact your personal injury attorney. Whenever you become involved in an accident, it is always important to contact the police and as soon as possible, contact an attorney. By doing so, the police can document an accurate report so that you are protected and legally covered by any false statements. This will also help your personal injury attorney by providing legal proof of the incident and injuries reported and will ensure you receive maximum compensation.

In every auto accident there is someone to blame, weather it’s one negligent driver or both drivers involved are deemed at-fault. Parking lot accidents can be tricky when determining who is at-fault due to most lots being private property. In this situation, there may be one driver found at-fault as well as the property owner if they have failed to provide a safe driving environment for the motorists. In some parking lot accidents the fault may be split 50% in the situation where both cars were moving for instance, backing up at the same time. Of course, in the situation were one car was parked and the negligent driver hits the parked car, the moving car will always be found at-fault.

It’s not illegal to settle privately or offer/receive cash after a collision. However, there can be problems that come along with settling an accident in private. In the misfortune an accident occurs, the liable driver must reimburse others for the damages they have caused. They can pay out of pocket or they have the option to have their insurance company pay. It’s important to find out exactly how much compensation you are to be owed to assure you have been reimbursed the proper amount for all damages. For safety measures, it would be wise to settle the dispute through insurance to guarantee you are compensated for all expenses owed.

No matter where the accident occurs, it’s always a good idea to contact the police in order for them to file a report even on private property. If an accident occurs on private property, you should still follow the same protocol as if the accident happened on public property. In the occasion the collision happened on private property, the circumstances can sometimes get a little tricky when determining who is liable for the accident. It is possible for both parties to be found at- fault and in some cases the owner of the property may also be found liable. For example, if the owner of the property has poor quality of road signs such as missing a stop sign or a one-way sign leading to an accident, the owner of the property could be found liable. In the event you are involved in a collision on private property, it’s important to follow the same steps you would normally take if the accident occurred on a public road.

• Contact the police
• File police report
• Exchange information with the parties involved including the property owner
• Contact insurance provider
• Take photos of the accident and what might have caused the accident on the property
• Contact an attorney

Everyone knows how chaotic parking lots can be. There are distractions everywhere, which is why parking lot accidents are so frequent. Determining the at-fault party can be a challenge. There are two factors that essentially figure out who is to blame. Which car was in motion and were traffic rules violated? For the most part, the individual backing up from a space will hold some or the entire fault. However, being at least 51% to blame will restrict your ability to receive compensation. Yet, everything relies upon what the other driver discloses to their insurance agency. When one car begins backing out of their parking space, it is common sense that the vehicle opposite of it should observe and cautious. Unfortunately, with distractions around every corner it is quite easy to collide with another vehicle. Be sure to call the police so you can have legal documentation of the accident and any witness statements to provide concrete evidence when proving fault.

As we all know, parking lots can be a zoo or a bit confusing when it comes to yielding or determining the right-of-way. With all the distractions going on such as pedestrians, bikers and odd parking lot designs, it’s no wonder parking lot accidents occur so frequently. Often times, we find ourselves backing up at the same time as the person directly in back of you. So how do you determine who is liable in a parking lot accident? At the point when a collision occurs, you can typically go by 2 determining factors to find out who’s liable in a parking lot mishap.

• Who’s car was in motion? Generally, the driver of a moving vehicle is for the most part the greater part to blame. If the other car was parked, there is only one driver to blame unless the parked car was parked illegally.
• Which driver had the right of way? In the occasion that two cars are moving, one car ordinarily has the right of way while the other car must yield. Naturally, if a driver is negligently driving or fails to yield, that driver will be to blame.

Yes. Settlements in pedestrian accidents bear some similarities to motorcycle accident settlements. The most significant similarity is both often have severe injuries that require surgery. Severe injuries with surgery involved almost always mean a higher payment. The medical bills are higher, the recovery times are longer, and the impact on day to day life is usually felt more strongly.

But every case is different, and many factors could affect your pedestrian vs. car settlement amount. Because of the severe nature of most injuries suffered by pedestrians who were hit by cars, speaking with an attorney about your auto accident claim is recommended. 

In most car vs pedestrian car accident cases, yes the driver is going to be found at fault. Drivers are supposed to be extra cautious when driving in places where pedestrians may be present, and in most states pedestrians have the right of way by law. Usually, the driver bears at least some responsibility for the accident. That said, there are situations where the pedestrian could be partially or completely at blame for the accident.

If you hit a pedestrian in a crosswalk, you will nearly always be found liable for his or her injuries. But if the pedestrian was jaywalking, the matter is more complex. Who is at fault and the degree of fault will vary on the specific accident circumstances, and depending on whether or not the pedestrian was jaywalking, if they were intoxicated or acting recklessly, you may not be responsible for paying their pedestrian accident settlement.

For example, if the pedestrian walks out from behind a parked car and the driver had no chance at all to slow down, the pedestrian would probably be 100% to blame for the accident and could not file a claim for damages. But if the driver was speeding and a pedestrian jaywalks in front of the car and is hit, it is possible that both parties could share some responsibility for the accident. In many states, the amount of damages the pedestrian could collect would be reduced by his percentage of fault. So, if the pedestrian has $10,000 in medical bills but was found 40% responsible for the accident, he would only collect $6000 as his part of the auto accident settlement.

If you find yourself in a position where a pedestrian is saying you were at fault for hitting them with your car, you should probably consult with an attorney.

If you are hit by a car when jaywalking, you could receive some compensation if the driver was negligent in some fashion. However, if you crossed without a crosswalk, the driver can argue you broke the law and were at fault.

For the pedestrian to make a valid claim the driver was at fault even if he was jaywalking, the pedestrian must prove the driver also was negligent. Negligence is defined legally as the duty to perform in a certain manner to avoid hurting other people.

If a person does not act ‘reasonably’ and causes harm to someone else, this is negligence.

In most states, there are four legal elements that must be proven for there to be negligence in a car accident claim:

• Duty of care: The defendant has to owe you a duty of care.
• Breach of duty: It has to be shown that the defendant breached the duty of care. For example, if you were jaywalking and the driver was speeding, it still could be shown the driver breached the duty of care, even though you were breaking the law.
• Causation: Plaintiff must prove the breach of the defendant caused injuries. If the driver did not cause the injuries through their actions, you may not be able to collect as a jay walker
• Damages: you need to show that you suffered damages in a monetary amount.

Depending upon the state, it is possible both the jaywalker and driver could be found at fault. If you suffered injuries, your possible compensation could be reduced by the percentage of fault you share for the accident. This is known in most states as comparative fault. If the driver was 50% at fault, you would have your potential compensation reduced by 50%.

If you are intoxicated, jaywalking and are hit by a car, it is possible that you could be found entirely to blame for the crash and would not be able to sue the driver. But it depends on the exact circumstances of the accident.

Did you dart out from behind a parked car and give the driver no chance at all to stop? If so, you probably will be found liable for the accident and will not be able to collect damages.

But if the driver was speeding and had enough time to avoid hitting you and did not stop in time, you still may be able to collect some damages in a claim or lawsuit. However, you can expect the amount that you receive in compensation will be reduced by your percentage of fault for the crash. Being drunk and jaywalking could make you 30% or 50% or even more responsible for the accident, so your award would be less in many states where there is a contributory negligence standard in personal injury cases.

It’s very possible that the speed limit can and will affect the settlement amount for a pedestrian vs car accident. If the posted speed limit is 45 MPH, it takes the driver longer to stop.

Why is this important?

The higher the speed limit, the harder it is for the driver to stop. The insurance company may say the driver is not entirely liable for the accident. Less liability on the driver means a lower average auto accident settlement for you. So, a higher speed limit may mean a lower payment.

However, a lower speed usually boosts the case value. The reason is the pedestrian can argue the driver should have stopped in time. The chances are also higher that the at fault driver was over the speed limit when they hit the pedestrian, which would indicate more liability and possible punative damages. 

If you were a pedestrian and hit by a car, the amount of money you will get largely depends upon your injuries, the driver’s assets, and both parties’ insurance policies. How much you contributed to the accident is also a crucial factor.

Your most likely way to recover compensation in a pedestrian accident is through auto insurance. The driver is usually required to have insurance, and most states also require underinsured and uninsured motorist coverage. So, even if the driver who hit you has no insurance, your own insurance policy should cover your injuries and damages, up to policy limits.

If you have medical insurance and have immediate medical bills, that is probably the best place to turn immediately to cover your costs. Eventually, the health insurance provider will probably need to get reimbursed from the liable auto insurance company.

If you contributed to the accident, you still may collect some compensation in most states. If the state has a comparative fault standard, your compensation will be reduced by your level of responsibility for the accident. If you are found 25% to blame for the accident and your damages were $10,000, you may only receive $7500 in compensation from the applicable insurance policy.

In many auto accidents, the amount of compensation often boils down to the insurance policy limits. Many people do not have significant assets, so even if you are awarded $250,000 in compensation and the policy limits are $50,000, you may have difficulty collecting the rest of the settlement from most people.

As a driver, you always have what is called a ‘duty of care’ to drive reasonably, prudently and to watch out for pedestrians. That is why even if a pedestrian is jaywalking, you still could be held partially liable for hitting him. This is why it is always important, particularly in residential areas or near schools, to drive carefully and look for pedestrians.

If you were a pedestrian and were jaywalking, you still may be able to collect some damages for the accident. A good personal injury attorney may be able to argue that the driver still was not exercising his duty of care by hitting you. This is even more the case if the driver was breaking the law at the time. If, for example, the driver was going 30 MPH in a 20 MPH school zone and hit you while you were jaywalking, you may still be able to collect damages in a claim or lawsuit.

If you are a pedestrian hit by a car, you will naturally wonder what type of car accident settlement you could receive. Every case is different, so it is hard to say what the average would be. But there are some key factors in these accidents to look at to give you some idea of the possibly compensation.

First of all, when a car hits a person, there will almost always be more than minor injuries. At the very least, you will probably have at least a few trips to the doctor and could have anywhere from a few hundreds to thousands of dollars in medical bills. The insurance adjuster may use some type of settlement formula to value the claim. The adjuster may take your total medical costs and lost wages and multiply them by a certain number to arrive at a potential settlement number.

For example, if you have $5000 in medical bills and lost earnings, the adjuster may then multiply that amount by a number between 1.5 to 5 to arrive at a possible settlement. For pedestrian accidents with moderate injuries, the multiplier might be 2 or 3. This would represent a moderate amount of pain and suffering that comes with minor to moderate injuries. So, your settlement could be between $10,000 and $15,000 in this case.

Drunk driving accident settlements are usually worth more. This is because you can sue the DUI driver for punitive damages. Punitive damages are added on top of payments for medical costs, lost wages, and pain and suffering. Because of the disorienting nature of alcohol, drunk drivers are a lot more likely to hit a pedestrian than a sober driver. 

Of the big insurance companies, Farmers and Progressive tend to offer the least compensation for car accident injuries suffered by pedestrians. Windhaven and United Auto also pay low payments. There usually is not enough bodily injury coverage with these companies to pay the full amount of pain and suffering.

Paying a bit more are Allstate, State Farm, and Philadelphia. But they still do not pay much.

Travelers, GEICO, Safeco, CNA, and Liberty Mutual pay above-average settlements.

Better insurance companies are Nationwide, Zurich, and USAA. Hartford also has a good reputation for paying our more in pedestrian car accident claims.

Drivers are required to be cautious when they are pedestrians present. While drivers are often found to be at fault in a pedestrian accident, this is not always so. Depending upon the circumstances, either party could be at fault, or both could share some responsibility for the accident.

The driver has what is called a ‘duty of care.’ This means the driver is held to a standard of what a careful, normal prudent driver would do in the same situation. If the driver is not being careful, violates the law and hits a pedestrian, he could be held liable in civil court for damages.

That said, there are scenarios where the pedestrian could be partially or even totally at fault for the accident. If a pedestrian walks out from behind a parked car into the street and there is no crosswalk, he could be liable for the accident that results. The driver would not have any responsibility for that accident.

There also are situations where fault could be shared. Perhaps the pedestrian jaywalks and is struck by a car, but the driver was going 10 MPH over the speed limit. In this situation, both could be held responsible, and the pedestrian’s settlement could be reduced substantially due to his being partially to blame for the accident.

Insurance companies are effective at minimizing accident injuries and tricking the injured into saying things that can damage their claim. It is always best for the injured person to speak to a personal injury attorney about the pedestrian accident for best case results.

Most personal injury attorneys charge you a contingency fee. A contingency fee is like a commission on a personal injury claim or car accident settlement. Whereas most attorneys charge on a per hour basis, a lawyer that charges on contingency will only get paid when you get paid, and their fee is calculated as a percentage (usually 25%-40%) of the total settlement amount.

This compensation system allows the injured person to hire an experienced personal injury attorney without having to pay for upfront legal costs. In most cases, hiring a personal injury attorney on a contingency fee basis means if you don’t collect any money as part of your personal injury lawsuit case, you don’t owe the attorney any money for their work on the case. This also ensures that your interests are intrinsicly aligned with your lawyers’ interests. They don’t get paid if you don’t, meaning they lose all the time put into working on your claim. It also means that they get paid more when you get a bigger settlement check, so they have incentive to do their best.

Many personal injury victims think they cannot afford to hire a personal injury attorney. They are often surprised to discover that the attorney’s payment is structured so you do not pay upfront costs, and so that your interests are aligned with theirs.

Being in a car accident is upsetting, stressful and can be devastating in serious cases. If you were the at-fault driver, it can make the situation worse. You will need to deal with the damages to your vehicle and also the damages for the other party.

If you or a loved one has been injured in car accident, suffered a workplace injury, or otherwise been injured due to the negligence of another party, you may have questions about your legal rights and personal injury law in general. While speaking with a qualified personal injury attorney is the best way to get answers and legal advice, there are some common personal injury questions that many people ask that we’ve taken the time to answer for you below.

How do I know if I have a personal injury case?

What should I do if I’ve been in a car accident?

What is a statute of limitations?

How does a personal injury attorney get paid?

What does no fault mean?

How much can I get for a workers comp claim?

These are just some common personal injury questions. For more, visit our Personal Injury FAQs section.

After a car accident, you probably wonder if you should hire an attorney. Generally, unless you or someone else was hurt in the accident, you probably do not need an attorney to assist you with your claim.

This question can have a few different answers. Generally, you do not have to pay taxes on car accident settlements, however, some compensated damages are taxable. The compensation from property damage you receive from a car accident should not be taxed (however, please advise with your tax/financial advisor). There are multiple reasons you may receive compensation from a car accident, and this will help determine whether or not your car accident settlement is taxable or now.

You must keep in mind the things you may be compensated for such as property damage, loss of wages from being unable to work, pain and suffering due to your injuries, medical expenses as well as negligence to the at fault party, because this will differentiate what you will be taxed on.  When it comes to a tax assessment for wages lost during your time of recuperation it can be a little precarious because of the fact that you can be taxed for quite a few years on your income depending on how many years you receive your settlement. Punitive damages are typically taxable, so when discussing what type of damages you are being compensated for, be sure to ask your attorney this falls under that category. As stated above, consult with your tax advisor for a more concrete answer due to every car accident claim having unique factors and different damages.

If you’ve been injured in a car accident, hurt on the job, or suffered another kind of personal injury, you may be facing the scary proposition of medical bills, lost wages from time away from work, and other new realities. Filing a personal injury lawsuit can help you get financial compensation for your medical bills, lost wages, and other expenses from the injury, but how do you know if you have a personal injury case?

The best way to know for sure is to consult with an experienced personal injury attorney in your area, who can speak with you, review the facts and circumstances of your accident, and advise you on whether or not you have a case. There is no cookie-cutter or formula for personal injury cases, as each one is different and depends on the specific facts and laws in your state. A qualified personal injury attorney in your area will be able to evaluate your claim and tell you whether or not you have a personal injury case.

Most personal injury attorneys charge you a contingency fee. This compensation system allows the injured person to hire an experienced personal injury attorney without having to pay for upfront legal costs.

If you are the injured party due to the result of a motor vehicle mishap and you receive compensation for your personal injuries, is your spouse entitled to any of your car accident settlement money during a divorce proceeding? The answer is yes, however how much money they are entitled to depends on when the settlement was acquired and what damages were compensated for. Generally speaking, your spouse is entitled to half of your settlement money regardless if they were even in the accident. The reason behind this is that technically any money received as a settlement during the duration of a marriage is considered community property. It’s possible that you may still receive compensation even after the marriage has ended, but if this is the result of a settlement reached during the marriage, your spouse is still entitled to half. If you are no longer married, then the non injured spouse would not be entitled to any of the settlement money. To better understand how compensation is handled during a divorce, you should consult with a personal injury attorney along with an attorney who specializes in family law. Your lawyer will most likely need to see certain court or settlement papers to discover what sort of damages were granted, and how the money was divided into every category.  

If you have been injured in a car accident or hurt while at work and are considering filing a lawsuit for damages, you may be wondering “how long does a personal injury lawsuit take?” The answer is, it depends.

No two personal injury lawsuits are the same and each has its own set of facts and circumstances. The severity of the accident or injury, the amount of damaged caused, the specific facts of how the accident occurred, and other important factors contribute to the complexity of a personal injury lawsuit. And the more complicated your case is, generally speaking, the longer it can take to wind its way through the process of a lawsuit.

While how long a personal injury lawsuit takes varies widely, most estimates place the timeline at one to two years from the time of the accident or injury to resolution of the case by either settlement between the parties or a court trial.

 

 

Many personal injury victims think they cannot afford to hire a personal injury attorney. They are often surprised to discover that the attorney’s payment is structured so you do not pay upfront costs, and so that your interests are aligned with theirs.

Being hurt in a car accident is a scary and potentially expensive event in anyone’s life. If you or a loved one has been injured in an auto accident, there are some important steps you should take to help take care of your physical health and protect your legal rights.

First, be sure to visit a doctor if your physical injuries are serious enough to require medical treatment. Be aware that in many cases, physical injuries such as whiplash, back and neck injuries, and other common car accident injuries are not always noticeable right after a car accident and may not appear for days or weeks after the wreck.

In addition to treating your physical injuries, it’s also important to protect your legal rights after you are injured in a car accident. If you were not at fault for the accident, you may be entitled to financial compensation from a car accident settlement. Consulting with a qualified car accident attorney right away is important to help ensure that you receive the maximum compensation allowed under the law. Waiting too long after your car accident to consult with a car accident lawsuit attorney can allow witnesses to forget what they saw and other important evidence to disappear. Also, statutes of limitation in your state may bar you from filing a car accident injury lawsuit if you wait too long.

Use extreme caution speaking with your insurance adjuster before you have talked to an attorney. The only case where you should do so is in a minor accident with less than $1000 in personal and/or property damages and you are positive you do not have serious injuries.

If you are a passenger in a car and are hurt in a car accident, your legal case is usually easier than for either driver. This is because you do not have to prove liability to be compensated for your injuries.

Being in a car accident is upsetting, stressful and can be devastating in serious cases. If you were the at-fault driver, it can make the situation worse. You will need to deal with the damages to your vehicle and also the damages for the other party.

A statute of limitations is defined as the maximum amount of time parties involved in a legal dispute have to iniate legal action. When discussing car accident settlements and lawsuits, the statute of limitations means that any legal action (filing a claim for damages or filing a lawsuit in court) arising from an accident or related injury must be filed within a certain period, or you will no longer be able to file a lawsuit and receive compensation.

People who have been in a car accident with injuries should be aware of the statute of limitations for their state. Most states allow for 2-3 years to take legal action after being injured in a car crash, but some only allow for 1 year and others will allow up to 4.

In most cases, while it is a good idea to seek immediate medical treatment and speak to an attorney and your insurance agent within a few days of the accident, you should also wait until you’ve recovered fully from all your injuries before you settle your car accident claim. This is because once you’ve settled and accepted a payout, you have no more recourse to collect, so if any additional injuries pop up or more medical costs are incurred, you’re on your own. This is reaching MMI, or Maximum Medical Improvement.

After a car accident, workplace injury, or other type of personal injury, you mostly likely will consult with a personal injury attorney, who can discuss the facts and circumstances of your injury and determine whether or not you have standing to file a personal injury lawsuit.

If you file a personal injury lawsuit against a party or parties you allege are responsible for your injuries, you begin the car accident lawsuit process. There will be discussions with the other party’s insurance company, attorney, and others involved in the incident. There will be an exchange of evidence, called discovery, and the two parties will attempt to reach an agreeable resolution to the case, called a settlement.

If you and the other parties are not able to reach a settlement, then your case likely would go to a civil trial, where a judge or jury would hear evidence and render a verdict, including a damages amount to compensate you for your injuries and other damages.

In most cases, the arbitrator must make a ruling within 30 days after the hearing has concluded.

You can demonstrate your personal property damages, personal injuries, and why the insurance company owes you damages during auto insurance arbitration. The insurance company responds, and the arbitrator makes a ruling that binds each party.

Most auto insurance policies, including Progressive, allow you to resolve a car accident injury dispute out of court in arbitration. Arbitration is a less formal legal proceeding where you and the auto insurance company offer information about the claim to an arbitrator. The decision of the arbitrator is usually binding, meaning there is no appeal.

One downside is there is no formal evidence process. This means you must rely on the experience and skill of the arbitrator to go through the evidence. There is no judge or jury. The arbitrator takes no depositions or interrogatories, and there is no discovery process.

PTSD after a car accident can take the form of acute stress disorder, which can last between two days to four weeks. In this condition, at least three PTSD symptoms must be present.

Car accident PTSD settlements are becoming more and more commonplace as mental health takes a more prominent role in society. The recognition that a car, truck, and motorcycle accidents are extremely traumatic events in a person’s life that can leave long lasting mental scars has been transformative in how car accident settlements are calculated.

In addition to a car accident lawsuit, a PTSD diagnosis can support claims against a company under the Americans With Disabilities Act for not accommodating your PTSD; and worker’s compensation claims.

 

The use of public transportation is growing across the US. Thus, the odds of buses and trains being involved in accidents with injuries is also increasing. If you are hurt while riding on public transportation, you may wonder if you can sue.

You can, but public transit accidents differ somewhat legally from regular motor vehicle accidents with private citizens.

Common Carrier:

Any business that works to transport goods or people from one place to another is thought of as a ‘common carrier’ under the law. This includes trains, buses and light rail.

Common carriers are responsible to get their passengers from one place to another, so they are held to an elevated standard of care. You will need to show that the bus or train worker or the transportation company itself acted in a negligent manner. This could actually be easier to prove that the operator did not meet the higher standard of care that is relevant to public transit accidents.

Transit Authority and Tort Liability:

Many local and state governments have what are called tort claim acts that have established rules for filing personal injury claims against government entities. One rule is the injury person must file a notice of claim in a short period of time after the accident. This can be as little as a year, so act quickly.

Also, local rules may limit the damages you can recover from a public transportation company.

If you suffer injuries in a bus accident, you can file a personal injury claim to compensate you for your injuries and pain and suffering. In fact, there are few situations where you cannot seek damages with a personal injury claim when injured on a bus.

Under state laws, bus companies and operators must carry much more and more comprehensive insurance than drivers of regular cars. This insurance is for not just the driver and the bus, but also for all passengers.

This means your personal injury attorney can usually go after higher damages in a bus accident. That is good news for you: Bus crash victims often have worse injuries because of the size of the vehicle, the number of people inside, and the relative lack of safety equipment.

But there is plenty of nuance to how a bus insurance policy will pay you damages in an accident. Some insurance policies cover each passenger up to an exact dollar limit. Others have a pool of money for all the passengers involved, and every passenger must file a separate claim to be paid from this pool. This might make it harder if you have severe injuries to get enough compensation; the pool may not have enough money to cover serious damages.

It is wise to consult an experienced bus accident attorney right after your accident. Trying to get fair compensation from a bus company and its insurance company on your own is a serious challenge. An attorney will afford you better results.

Whiplash injuries in city bus accidents are common. Pain and injury may not be noticed until a few days after the accident. Some whiplash injuries will heal with physical therapy. But there are occasions where a city bus whiplash injury could be very painful and put you out of work for weeks or months, and with thousands of dollars in medical bills. If that is the case, you may want to seek representation by a personal injury attorney.

Generally, anyone who is injured in any type of accident has the right to sue to individual or entity that caused the injury. Whiplash injuries are often treated with skepticism by insurance companies because the actual injury cannot really be seen on standard diagnostic imaging devices. If you have suffered whiplash in a city bus accident, you should first be examined right away by a doctor. He or she can diagnose your condition and provide a treatment regimen.

Second, you should talk to a personal injury attorney about your whiplash injury settlement. He or she can provide an idea if your injury could result in compensation. Be sure to bring your latest medical records that include the diagnosis and treatment plan by your doctor. Also bring proof of the time you have missed work due to your whiplash.

If you are hurt on a city bus, whether it was upon entrance or exit, or was due to an accident, you have a right to be compensated for your injuries in a personal injury claim.

City buses are defined as ‘common carriers.’ This means they are in the business of transporting people from one location to another. Bus drivers are held to a higher standard of care than regular drivers, and it is relatively easy to find them at fault in a bus accident. However, all city bus companies have large insurance companies and expensive lawyers to defend them. So, it can make the questions of fault and just compensation more difficult.

In a city bus accident, each injured victim will have a different claim case because of various factors pertaining to their specific injuries, where they were seated and other factors.

If you have injuries after a city bus accident, investigators from the transit company will probably want to interview you. It is recommended to retain an experienced bus accident attorney before you say a word to an investigator representing the company that injured you.

To summarize, you have the right to compensation for your injuries, pain and suffering and property damages in a city bus accident. But your chances of getting a fair settlement rise dramatically with a good attorney fighting for you.

The verdict is in: If we truly care about safety, we should stop driving our cars and take public transportation. That is the recommendation of a study released by the American Public Transit Association, which was reported in 2016.

According to the report, the Department of Transportation states there were 35,000 car crash fatalities in 2015, which was an increase of 7% from the year before. That means there were about 100 car crash deaths each day. Per billion passenger miles traveled, public transportation, such as bus and urban rail, have 1/30 as many fatalities as car travel.

The APTA concluded in its report that transit trips are at least 10 times safer per mile than car trips. Regarding the general risk of crash, the report states that a person can cut his chance of being in a fatal accident by 90% by taking public transportation.

The report also noted that communities oriented toward public transportation are five times safer than communities that are more auto oriented. Better public transportation leads to more compact housing development, which reduces the number of auto miles traveled and results in safer speeds in these areas.

If you were hurt in a bus accident, it is likely you suffered at least a minor and possibly a serious injury. If the bus accident involved a high-speed crash, the odds of serious injury are high. Here are the common injuries in these accidents:

• Whiplash: This injury happens when the bus makes sudden contact with another vehicle or object, or slams on the brakes. Your body continues forward, and your neck moves in a snapping motion, leading to injury of the delicate ligaments and tendons in the neck. Some whiplash injuries heal over time on their own, but others may require serious medical intervention.
• Spinal cord injury: In a higher speed bus accident, it is possible you could suffer an injury to one of your vertebrae or spinal discs, which could injure the spinal cord. You may suffer partial or total paralysis. These are grave injuries and you will require very expensive medical care for months, years and even for life.
• Head injuries: Your head may hit the bus seat, window, floor, a passenger or the roof in a rollover crash. Some head injuries such as mild concussions can heal in a few weeks. But a serious concussion can be a very serious problem that presents major symptoms for months or years. Still worse is a traumatic brain injury that can cause lifelong impairment.
• Other less serious injuries in bus crashes are lacerations, bruises, broken bones and psychological trauma. Still, these injuries still could make a personal injury lawsuit worthwhile, as you could be entitled to substantial compensation, including lost wages.

City bus accident settlements can range from amounts as low as $5000 or $10,000 up to the millions of dollars. How much yours will be depends entirely on the severity of your injuries, pain and suffering, and lost wages. Below are some city bus accident settlements that are online. Note that the higher settlement cases are the ones that get the most press; your settlement could be much less. Contact a bus accident attorney to get a better idea of what your settlement might be.

• $2.5 million bus accident settlement for coma and brain damage: the plaintiff was a 13-year-old on a school bus on a highway when the vehicle of the defendant smashed head on into the school bus. Plaintiff was thrown through the bus window and suffered a serious head injury. He was in a coma for 10 days, was hospitalized for seven months.
• $6 million settlement for passenger injured on city bus: A New York bus crashed with another vehicle at an intersection. The man suffered shoulder, knee and spinal injuries, requiring several major surgeries. The New York City Transit Authority was sued in this case.
• Mom, daughter hurt in school bus wreck settle for $600,000: A mother and her daughter were rear ended by a school bus in Staten Island NY several years ago. The mother had two shoulder surgeries and surgery for a pre-existing neck problem that was made worse in the crash. The daughter had two knee surgeries.

Every bus accident case is different, with assorted injuries, facts and circumstances. Thus, arriving at a ballpark figure for compensation in a bus accident can be misleading. But there are several vital factors to consider to arrive at a potential value of a bus accident claim.

• Injury severity: Bus accident injuries often are severe, given the size of the vehicle, the number of passengers in a small space, and the lack of safety equipment. If you have serious injuries, such as a serious brain injury, spinal cord damage or internal organ damage, these could bring you a higher settlement amount.
• Need for life or disabled care: Some bus accident victims are so seriously injured they cannot care from themselves. The average cost of life car can easily be $50,000 to $100,000 per year. Life time costs for disability and rehab can be millions of dollars.
• Loss of salary: You may be due compensation for lost wages from severe injuries. You could be entitled to both past and future wage loss.
• Pain and suffering: This can add hundreds of thousands of dollars to your settlement amount if you have very serious injuries, but much less if your injuries are relatively minor, such as whiplash or broken bones.

To get a rough idea of what your settlement could be, your attorney will want to see your medical bills and lost wage proof. Those will be added up, and then he or she will determine the estimated severity of your pain and suffering. Your total economic damages are usually multiplied by a number from 1.5 to 5 to determine a rough settlement amount. If your injuries are more minor (rely on the expertise of your personal injury attorney here), he may use a 2 or 3 multiplier. You can use our car accident settlement calculator for a rough estimate as well.

But if your injuries are very serious and require months or even years of care and rehab, 4 or 5 might be used. So, it is possible to have a settlement amount from the low five figures into the millions of dollars, depending upon the severity of your injuries and other losses.

After being involved in a rear-end collision and sustaining injuries, you might be curious as to how much compensation you will be owed. The best way to figure out an estimated settlement value is to use our rear-end collision settlement calculator. Our calculator follows a general formula by adding the following expenses together:

• Income lost during recovery time from your injuries
• Medical bills (past and estimated future bills)
• Damage to property

Once you have totaled the sum of those expenses, a multiplier will be applied to that sum and the number is usually 1-5 that will represent pain and suffering. If the injures sustained are severe and everyday altering that cause continuous pain, the number will generally be on the higher scale, either a 4 or 5. If the pain is less severe and doesn’t require a lengthy recovery, the number will be lower.

Before a settlement can be fully resolved, there’s a process to prove you are the party who is owed compensation resulting in a lengthy time frame. Each case is different but basically follow the same guidelines. Phases include Pleading, Discovery phase, Trail and possibly an Appeal. There is the choice to settle the case through insurance before achieving preliminary.

Small Claims: Small claims in which the accident was minor and damages were minimal usually become settled with insurance and can take up to 30-90 days to resolve. Now that the claimant has settled with insurance they can no longer sue the liable party.

Discovery Phase: In this phase, each party gathers statements, documents, witnesses, specific timelines and any important facts that will benefit them to win the case. This phase typically takes up to 6 months to a year following the claim’s recording.

Mediation or Trial: After the Discovery phase the court will allow the parties to have and elective gathering and urge them to achieve resolution with the assistance of a neutral mediator. Thus, allowing them to skip the whole trial process. However, if both parties refuse to come to an agreement the case will go to trial and can take up to 2 years before even seeing the inside of a court room.

The first settlement offer you get for a rear end car accident is rarely the best offer the insurance company is willing to make – especially to a claimant not represented by a car accident lawyer. While there are always exceptions, and if you think you got a fair rear end car accident settlement offer, there’s something to be said for getting compensated, getting closure, and moving on with your life.

That said, typically the first offer given is a very small amount. This is especially true of whiplash settlements, a very common injury in rear end car accidents, and one where the injury doesn’t show up on x-rays. If you are unsure about the offer given, contact an attorney and ask for a free consultation. Generally they will be happy to review your incident and can give you a ballpark of what compensation you may be able to get out of the collision. Before you make a final decision about whether to accept or reject a rear end collision settlement offer, you need to review the decisions you have and consider the factors that can impact the estimation of your case.

Rear-end collision settlements are the most common types of accident claims. The amount of money and types of damages that occur during a rear-end collision can differ immensely. An average settlement for a rear-end collision is hard to place an exact number due to the various factors that go in to determining how much compensation should be owed. A settlement is hard to configure due to both palpable and impalpable expenses. Costs such as medical expenses and wages lost are easily calculated, however, determining how much pain and suffering is worth is a little more challenging. Other expenses to incorporate into a settlement, which may affect how much money you will get if you’re ever rear ended include:

• Insurance costs
• Medical expenses
• Loss of income
• Legal fees
• Property damage
• Quality of life

There is no exact number to be given because each rear end collision is different. Totaling up these damages and configuring how much money a victim may get will increase due to the severity of the accident. But generally an easy way to get some idea of estimating how much money you will get is to multiply direct expenses by 1.5 – 4. If your direct property damages were $1,000 your settlement estimation would be some area between $2,500 and $5,000.

Some example of rear end collision settlements include:

• Rear-end victim suffered from neck injuries later requiring surgery. Settlement amount was $537,500 and $58,158 in Workers Compensation benefits.
• A couple was rear-ended and pushed into oncoming traffic suffering abdominal and spinal injuries. Their settlement amount was $2,331,075.
• Woman rear-ended by a sanitation truck suffering multiple injuries and a total of six surgeries. Settlement amount was $4 million.

Every rear end collision is different with unique factors making it difficult to determine exactly who might be at fault. Generally, the driver of the vehicle who hits the car in front of them is deemed to be at fault. However, as stated above, every situation is unique and it is not always the case. If the person in front of you is driving negligently and slams on their brakes causing you to rear end them, it’s possible you may not be cited as the faulted party. Unfortunately, in most cases the driver who strikes the vehicle from behind is found at fault. Driving 101: maintain a safe distance from the vehicle in front of you. By doing so this allows you have enough time to react and brake safely without causing a collision. Drivers are unpredictable and it’s difficult to determine their next move. To avoid these types of accidents:

• Keep your distance from the vehicle in front of you
• Be aware of hazardous surroundings (animal crossings, construction zones weather etc.)
• Maintain a safe speed

When it comes to being involved in a chain reaction collision, it can be difficult to determine who the at-fault party is. In the scenario you become rear ended and forced to hit the car in front of you, you must consider many unique factors that will help determine the fault. If you were stopped or following too closely behind the car in front of you, it is possible that you may be deemed partially at fault. Also in such a situation, the center vehicle is often found at fault and sued by the lawyer who represents the vehicle that was hit by you. However, generally the person who caused the chain reaction collision is typically the party found at fault.

Rear-end car accidents are frequent and the most common form of accident that occurs on the road jolting victims while commonly at a complete stop. Rear-end accidents may also be referred to as “fender benders” meaning, the front bumper of one vehicle (the vehicle at-fault) hits the back of the car in front of it. Typically these accidents are minor, occurring is slow traffic usually by distracted or tired drivers. However, rear-end accidents can happen anytime and anywhere. Common injuries sustained from rear-end collisions include:

• Whiplash
• Broken bones
• Brain trauma
• Spinal trauma
• Broken ribcage
• Concussion
• Paralysis
• Herniated disks

It’s advised for any individual who is involved in a rear-end collision to seek immediate medical attention and contact a personal injury attorney as soon as possible. To learn more, contact Lawsuit Info Center for information about rear end collision settlement.

More than 550,000 Americans are hurt every year when hit from behind in their car, accounting for one third of all car crashes with injuries. That means rear end accidents account for more car crash injuries than any t-bone, head on, and other types of car accidents.

The most common causes of rear-end accidents are:

Tailgating: Most states have laws that require drivers to follow behind you at a safe distance. Safe drivers should allow at least three seconds for stopping if the car in front of them stops suddenly.
Distracted driving: Eating, drinking, cell phone usage, listening to loud music, putting on makeup, talking to passengers, etc are frequent causes of rear-end crashes.
DUI: Drugs and alcohol damage our ability to drive safely, greatly affecting reflexes and reaction time.
Sudden stops: A sudden stop can cause a rear-end crash, but it is not usually a reason to blame the driver in front for the accident. Drivers can have to stop suddenly for many reasons, such as a child running into the street.

If you are hit from behind in your car, you should first check that you are ok. Get immediate medical attention if you have any injuries. Next, call the police and make sure an accident report is written. Also, call your insurance company and notify them that you were hit from the rear.

Most of the time, the car that hit you from behind is liable for the accident. If you live in a no-fault insurance state, you can file a claim with the other driver’s insurance policy. But you could be limited to your auto insurance policy’s med-pay or personal injury protection to cover your injuries.

While the driver in the rear is usually at fault for a rear-end accident, there are situations where the insurance company may say that you were partially at fault for the crash. For instance, if one of your brake lights is out, the driver may not have seen that you stopped. If you are in a situation where fault is being contested, talk to a personal injury attorney immediately.

Most states have comparative negligence rules. This means you can get compensation from the other driver if you were partially at fault for the accident. Compensation will be reduced in proportion to your blame for the accident. Most states do not allow you to collect damages if you are more than 50% to blame for the accident.

There are some exceptions to rear-end liability:

If you were driving in front erratically or recklessly, it could have been impossible for the rear driver to avoid an accident.
If the driver in front stops in a lane of traffic suddenly and does not put out flares, a rear-end accident is likely to occur.
If the driver at the rear is driving slowly and at a safe distance in poor weather, it may be impossible for him to stop.
If the driver at the rear is driving at a safe distance and speed behind the front vehicle, and a third vehicle hits that vehicle from behind, which pushes the second car into the first.

Generally, if you are hit from behind and fault is uncontested, you may be able to handle the claim without an attorney. But if fault is being contested, and/or there are serious injuries, speak to a personal injury attorney right away.

To be involved in a rear-end collision involves another car crashing into the vehicles in front of them from the rear. Oftentimes these types of collisions are minor known as fender benders, however, they can also be extreme causing severe injuries. Even though it may appear there are no major damages to either parties vehicle, you still have a checklist of things to do after the accident. Steps to follow include:

• Making sure everyone involved is okay
• Contact law enforcement to file a police report
• Contact your insurance company
• Exchange insurance information and contact information with all parties involved
• Photograph all vehicles involved
• Seek a medical professional as soon as possible as a precaution
• Contact a personal injury attorney

Often, victims of rear-end collisions do not seek medical treatment due to the idea of a fender bender being minor. Although, the accident may seem minor, never fail to seek medical attention after a collision.

Rear end collisions are the most common type of accidents we see on the road. They happen often in major cities, where there is frequently stop-and-go traffic and distracted drivers aren’t quick enough to respond and brake. Other causes of rear end accidents include speeding, bad weather and tailgating. After being involved in a rear impact collision, you must first ask yourself, who was at fault? Generally, in a rear end collision, the driver coming up from behind and failed to stop is found to be at fault for the accident.  So if you have been rear ended, it is most likely not going to be your fault.

Now, you need to ask yourself if you have any pain after the accident. Some injuries such as whiplash are not always apparent right away. Do not hesitate to be seen by a doctor, even if you feel your injury is minor. They might find other serious injuries such as head trauma that you aren’t aware of. The most common injuries sustained in a rear end collision include whiplash, seat belt/shoulder injuries, back/neck/spine injuries and face/head injuries. Because of the various types of injuries a victim can suffer from a rear end collision, it is impossible to pinpoint an exact payout in which you may receive as compensation.

Some examples of settlements received by rear end accident victims include: 

• $300,000 received for a broken hand and bulging disc 
• $50,000 received for a broken wrist and whiplash
• $126,000 received for a head injury and compensation to cover therapy bills

There are many different variables that influence the estimation of a rear-end collision settlement. Factors that will likely affect the settlement amount include:

• Injuries sustained
• Property damage
• Personal interference (wages lost, medical expenses, future medical expenses, immobility)
• Age
• Driving history
• Pain and suffering
• How many parties shared fault in the accident
• Location (settlement laws differ from state to state)

After reaching a settlement agreement, you might be wondering how long it will take until you receive your compensation. After signing the release for a rear-end collision, your attorney will return the signed copy to the insurance adjuster. It will be reviewed and a check will be sent back to your attorney within weeks. After your attorney has taken their portion of fees from the settlement check, you should receive it within 2 to 6 weeks depending on how expeditious your attorney is. If you have not received your settlement check within 6 weeks, there may be an issue and you will need to address that with your attorney.

Typically in rear-end accidents, it is the rear driver who tends to be found at fault. But this is not always the case! Liability is not automatically placed on the rear driver for many reasons and may find fault on the lead driver. Determining who is at fault is crucial because that will decide which driver will be liable for damages sustained from the collision. While trying to prove whom the negligent driver was and determine fault, you must understand how these types of accidents can happen. Reasons for being found at fault in a rear-end collision include:

• Tailgating too closely
• Stopping abruptly
• Distracted driving (cell phones)
• Failing to yield to the right of way vehicle
• Driving while intoxicated
• Brake light failures
• Speeding
• Road rage/purposely trying to get hit
• Failing to use turn signals.

Car accidents can leave you frazzled and confused as to what steps to take next. If you and the other party involved are not experiencing any injuries and neither party has any vehicle damage, it may not be necessary to contact an attorney. However, it can be frustrating dealing with other drivers insurance companies and although neither party is experiencing any injuries directly after the accident, it’s possible for injuries to develop over the next few days after following a collision. There is no harm in contacting an attorney in this situation and in the end, might actually benefit you by covering all your bases and leaving no room for error. In the scenario where neither party is injured and neither party has property damage, it’s best to thoroughly document everything by exchanging all the necessary information including insurance info, taking pictures of the accident and documenting any previous damage to the vehicles. The following steps to take would be to get examined by a medical professional to see if any injuries are actually present as well as contacting an attorney to find out what your options are. Since legal counselors are so educated about their subject matters, they can give important advice about what to do in your specific situation.

Every insurance company is different with different policies. So to get a straight yes or no answer it would need to come from your insurance provider. However, if you got rear-ended, your claim would be filed against the other drivers insurance due to the other driver being the at-fault party. This should not affect your insurance nor would you be liable since you were not found at-fault. This answer will also depend on how many accidents you have been involved in within a 3-5 year period.

Most of the time rear-end collisions are minor accidents leaving the drivers or passengers with little to no injuries and trivial property damage to the vehicles. Although, injuries and damage may be minor, they are still present and still require a course of action. First things first, you must always exchange insurance as well as contact information with the party involved. It’s not always necessary to contact the police if injures are unapparent and damage is minor however, if the other party is uncooperative in exchanging information it’s best to include law enforcement to enable you to acquire this data. In some cases, the accident may be minor however the victim may suffer from emotional stress and request compensation from the liable driver. This is another favorable reason why one would want to involve the police in a minor rear-end collision.

Every auto accident is different and there are many unique factors that go into determining how much your rear end collision settlement will be, since the range of injuries one can sustain from being involved in a rear-end collision is wide. Depending on the severity of your injuries and property damage will determine if you receive more or less compensation. The factors that will go into your car accident settlement are:

• Medical bills
• Estimated ongoing medical treatment for your injuries
• Lost income
• Property damage
• Pain & suffering multiplier

The pain & suffering multiplier will range from 1-5 depending on how severe your injuries were. Minor whiplash injuries may have a multiple of 1-2, whereas broken bones and traumatic brain injuries (both of which are unfortunately very common in rear end car accidents) can result in larger pain & suffering multipliers.

The amount of your rear end collision settlement may also be affected by the type of insurance policy you have, and the state laws concerning auto insurance requirements and fault in the state where the rear end crash occurred. If you were found at fault, you may not be able to receive any compensation.

In order to maximize the amount of compensation you receive will also depend on how you document what happens following the accident. In addition to taking pictures of all vehicles and road conditions, you should rapidly seek medical treatment at the earliest opportunity. Be sure to adhere to your specialist’s instructions and continue seeking treatment without long periods of time to pass between treatments.

Be sure to file a police report and once the mishap is reported, it’s usually a good idea to contact a personal injury attorney – most will offer a free initial consultation and case evaluation.

The letter should include: 

• Statement of facts: Describe your version of the accident and mention both before and after the rear-end accident. 
• Liability: State your evidence proving the other driver caused the crash. 
• Injuries: Describe your injuries, emotional trauma, and pain and suffering. 
• Damages: Detail your special and general damages.

The average settlement where a truck rear ends a car is $70,000 to $100,000. For a car rear ending another car, the range is between $2000 and $10,000.

You can sue after you are rear ended, as the rear driver usually caused the accident. However, you must show that you have property damage and/or injuries that were directly caused by the accident.

Almost 90% of rear-end crashes involve a distracted driver.

Whether a lawyer can help you recover financial compensation after a rollover car accident depends on what caused the accident. If another driver (including the driver of the vehicle you were in if you were a passenger in a car accident) was at fault, or if the accident was the result of vehicle malfunction or hazardous road conditions, there is likely a case to be made for compensation and you should probably speak to a lawyer. 

It costs nothing to find out if you have a car accident claim, and you should absolutely speak with an attorney about your legal rights. While some rollover accident victims won’t have claims, in many cases victims and their families will be entitled to significant car accident compensation.

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How long you have to file a claim after a rollover car accident depends on the statute of limitations in your state. In most states, the statute of limitations is at least two years. However, there are a few states that are 1 year, and it’s usually a good idea not to wait to file your car accident claim. Evidence can disappear, and delays can lead to other challenges as well. As a result, it is in your best interests to speak with an auto accident attorney as soon as possible.

Almost all car accident attorneys represent their clients “on contingency,” which means they don’t charge any legal fees if they win. Typical contingency fees for rollover accident cases are in the range of 33% of the amount recovered, but some lawyers charge less and some charge more. Before taking your case, a lawyer should clearly explain the fees he or she will charge.

If you are driving along and minding your business and are in an accident caused by someone else, you will be entitled to compensation for your injuries and property damages. Who will provide the compensation depends upon the state and insurance regulations. How much can you expect to get in your auto accident settlement?

Despite what you might have heard, there is no one master formula to calculate car accident settlements. But some insurance companies do use a computer system known as Colossus. The adjuster will enter information and the program will provide a settlement number. As a consumer, you cannot access this computer system, but it helps to understand how the figure is calculated.

The first factor considered is the damage to your vehicle. Possible compensation for damage to your car will be the cost of repairs and replacement parts, unless the cost is worth more than the car is worth. The insurance company could declare the car a total loss, but this does not mean the company will just pay for a new car. It will usually pay you the current value of the vehicle before the accident, including depreciation. This may not give you enough to purchase a new vehicle without you having to pay extra.

Personal injury compensation is more complex. It is based upon your medical bills and any lost wages you may have incurred because of your inability to work.

Next is pain and suffering; it is usually added to the cost of the medical bills and lost earnings. Most insurance companies will use a multiplier to arrive at a compensation number for your pain and suffering. That number could range between 1.5 and 5.

The first step to negotiate a settlement for your car accident is to calculate a reasonable cash amount you would accept to give up legal action. Most insurance companies rely on a formula to arrive at a starting point for settlement talks to begin.

The most common formula involves a multiplier times your medical expenses to arrive at an estimate of non-economic damages, which is money for your pain and suffering. The figure is added to economic losses, such as medical bills, property damages and lost income. At that point, you have a dollar amount that you can use to negotiate with the insurance company.

One of the most contentious parts of the negotiations is what multiplier to use. To arrive at a dollar figure that could represent the value of your general damages, the insurance adjuster will add up your special medical damages and multiply them by the multiplier that is between 1.5 and 5. The multiplier can be higher or lower, depending upon the severity of your injuries. Also, how much medical treatment did you receive? Will you make a full recovery? Will you have long lasting disabilities? How have your injuries affected your daily life?

It is likely the insurance company will argue for a lower multiplier and your attorney will argue for a higher one. To have the best chance in this type of negotiation, hire a personal injury attorney in your area using the attorney finder tools on our website.

There is no one exact way that an insurance company will calculate your pain and suffering. Your personal injury attorney was probably trained in one of two ways to calculate your pain and suffering. The first way is to multiply your actual damages (medical costs and lost wages) by a certain multiplier ranging from 1 to 5. If you have relatively minor injuries, you might use a 1-2 multiplier. For serious, life changing injuries, a 4 or 5 may be used. For instance, if you have $3000 in medical bills from your broken arm, the multiplier could be 3, so you would possibly be entitled to $9000 for your pain and suffering.

Other attorneys may use a per diem approach to calculate pain and suffering. In this method, a certain amount, perhaps $100, is assigned to each day from the day of your accident until you have gotten to maximum recovery.

Insurance companies are not obligated to use either of these methods to calculate your pain and suffering. Many insurance companies use computer programs to determine what their settlement offer will be and what should be allowed for pain and suffering. These programs will generally take into account not only the type of injury but also the type of medical treatment you had.

For instance, insurance companies will usually consider medical treatment by doctors to indicate a more serious type of injury than treatment by a chiropractor. Insurance companies also will take into account how long you had treatment. If the treatment appears to be excessive for the injury you had, the insurance company will not allow all of that treatment cost for its calculation of your pain and suffering.

The amount that you get for pain and suffering will probably rise if you have more evidence of your injuries and suffering. The extent of injury and pain and suffering can be proven with photographs and personal journals. Documentation from your friends and family also can provide evidence of how the injuries have affected your life. Proof of necessary treatments from medical professionals also will help your cause.

Whiplash is common after car accidents, but they can be difficult to prove for compensation purposes. That is because, like most soft tissue injuries, they do not show up on X-rays and MRIs. That does not mean your whiplash injury is any less painful or legitimate than other car accident injuries. But it means if you are having discomfort, limited movement and pain in your neck, you should get immediate medical attention after the accident so your condition is documented as quickly as possible.

Remember, the insurance adjuster is not going to your word for it that you have whiplash and give you money. All losses must be as clearly documented as possible. If you can show medical records and bills that show the medical treatment you had after the accident, that will really help to show that you have whiplash or a related injury.

Value of a Whiplash Case

For the most part, damages in a whiplash case are on the smaller end of the scale. If your injury is found be a doctor to be whiplash, neck sprain or strain, it is not generally considered a serious injury. Whiplash, while painful, does not usually involve injury to the discs, which would be a more serious injury. For example, if you have medical bills totaling $5000 and $1000 in lost wages, your economic damages are $6000. That is the major category of damages to calculate. The next category is to determine is non-economic, which includes money for pain and suffering.

The auto insurance company may use a multiplier between 1.5 to 4 to value your pain and suffering for your whiplash. But there are other factors at play that can increase or decrease your damages award:

• Whether you appear to be a reliable witness
• Whether you are believable
• Whether the jury understands your neck injuries
• The nature and extent of your medical treatment

Also key is who does your medical treatments. If most of your medical treatment is done by physical therapists and chiropractors, the jury is more likely to discount your injuries. Juries and insurers think if you are really hurt, you will go to a doctor not a chiropractor.

So if you have $5000 in medical bills but $4000 was from a physical therapist, you will probably get a lot less for pain and suffering than if your doctor performed your treatments.

If you are making a claim after a car accident, you will wonder how much you will get. Insurance companies use many methods to calculate the value of your personal injury claim. The claim will generally include compensation for your medical costs and lost wages, plus some amount for your pain and suffering.

The most often-used method to value pain and suffering is to multiply your actual damages – medical bills and lost wages – by a certain multiplier. Most personal injury attorneys are trained to multiply actual damages by three to reach a fair and reasonable damages number. So, if you had $5000 in medical bills and lost wages of $1000, a tentative total with pain and suffering included would be $18,000.

However, in recent years insurance companies are becoming more aggressive in fighting the multiple of three figure as a way to quantify pain and suffering.

The approach that is often used now is to take your actual damages and multiply the number by a figure that is calculated with a software program. The result will frequently undervalue your claim. The multiplier depends up on the seriousness of injuries, aggravating circumstances and how long your recovery is. For example, if you have a broken leg and must have several operations, your pain and suffering is going to be worse than if you just injured your wrist in a fender bender.

In a more serious accident, the multiplier could be 3 or 4, and in a fender bender, the number could be 1 or 2. The multiplier can be higher if the at fault driver was drunk. But if your own actions were partially responsible for the accident, a lower multiplier could be appropriate.

Car accidents can be traumatizing in more ways than one. For starters, a car accident can cause you to suffer physical and emotional injuries, such as a labral tear and post-traumatic stress disorder. A labral tear is a serious issue that can change how you live your life because of the limited mobility you will have with your arm. The labrum is made up of fibrocartilage tissue that connects to the socket of your shoulder to keep the shoulder stable. A labral tear happens when there is damage to the fibrocartilage tissue and it can lead to serious pain and other issues with your shoulder and arm.

How Labral Tears Happen in Car Accidents

Labral tears can happen because of any of the following circumstances in a car accident:

• You were holding onto the steering wheel with a tight grip when the accident happened;
• Your shoulder suffered a direct blow in the car accident;
• You anticipated the car accident, which led your body to become tense or tight.

Common Symptoms of a Labral Tear

The symptoms you will most likely experience from a labral tear caused by a car accident include the following:

• Instability in the joint
• Weakness
• Vague pain
• Stiffness
• Clicking or popping when moving the shoulder

Impacts of a Labral Tear on Your Life

A labral tear can have a major impact on your daily life, especially since it involves the shoulder, which you use more often than not during the course of the day. Some of the impacts you will experience include the following:

• Inability to lift objects
• Loss of arm rotation
• Grinding or clicking feeling and sounds
• Ongoing pain and discomfort
• Shoulder dislocation
• Feeling of heaviness in the arm

Many people have shoulder problems after they are in a car accident. The trauma to your shoulder joint due to the high impact of a car crash can cause a variety of shoulder injuries, including bursitis. Bursitis in the shoulder is essentially an inflamed shoulder bursa. The bursa is a sac filled with fluid that helps to reduce friction in the shoulder. It is common for the bursa sac to be damaged in a car accident.

Your shoulder is a ball and socket joint with three major bones, which are held in place by tendons, ligaments and muscles. The shoulder joint usually has the greatest range of motion in your body. Because of the range of motion, this joint is more easily injured than others.

After a car accident, if you have pain in the shoulder, this is a warning sign that you should have it checked out right away. Some of the common types of pain that can indicate a serious shoulder injury, including bursitis, are:

• Tingling, weakness, numbness and swelling in the shoulder
• Shoulder pain in a certain spot that can get worse when you exert yourself
• Difficulty moving the arm in any way without pain
• Sudden, serious pain in your shoulder
• A pale, blue or discolored shoulder

One of the common types of shoulder injury after a car accident is frozen shoulder. This is where the injury from the car accident leads to pain and inflammation that eventually limits your ability to move the joint. It is common for bursitis to form in the shoulder after a car accident and cause this limited range of motion.

If you stop moving the shoulder much for several weeks due to bursitis, the tissue in the shoulder will get thicker and shrink. This will cause pain and make you move the shoulder less. This is a vicious cycle that can lead to long term disability.

Shoulder impingement after a car accident is one of the most frequent shoulder injuries. Shoulder impingement can restrict your ability to move your shoulder and can cause weakness and pain when you reach for and lift things.

While other body joints have bones that are surrounded by muscles and tendons, the shoulder is unique. It has muscles and tendons that are also surrounded by bones. The muscles of your rotator cuff are between the head of your upper arm bone or humorous and the bony projection on your shoulder blade called the acromion.

Impingement can happen when the tendons of your rotator cuff rub against these bones. This can be caused by repetitive motions, but also can be caused by the violent forces of a car accident. A common car accident scenario is if you see in your rear view mirror that you are about to be hit from behind. It is natural to grip the steering wheel and tense up. When the collision occurs, some of that impact can be transferred into the delicate shoulder joint, causing rotator cuff damage and/or joint impingement.

Some of the common symptoms of impingement after a car accident include:

• Pain when you reach over your head
• Pain when you try to reach behind you
• Muscle weakness in the shoulder when trying to lift something
• Shoulder pain that radiates from the front of the shoulder to the side of the arm
• Swelling or tenderness in the front part of the shoulder

It is important to know that shoulder impingement is common after car accidents and it will get progressively worse without treatment. Your range of motion may decline as time goes by. That is why it is so important to have a doctor look you over as soon as possible after the accident.

Whiplash is a soft tissue injury causing muscle and ligament strains, typically known for affecting your neck and spine. However, whiplash injuries, particularly severe ones, are known for expanding symptoms beyond the neck. It is very possible to experience shoulder pain in the case of a severe whiplash injury. Depending on many different factors such as, what type of accident you were involved in (t-bone, rear-end), or how the safety restraints restricted you from moving can influence how your body is affected by the whiplash. If you are experiencing whiplash after a collision, you may also be experiencing shoulder pain known as Impingement Syndrome. This happens when your tendon rubs against your shoulder blade causing irritation, swelling and pain. The backward and sudden forward motion that causes whiplash may also cause pain to areas below your neck and shoulders.

Do not believe what the car insurance company tells you. You can certainly get a tear in a rotator cuff from a car accident! A torn rotator cuff is a very painful and debilitating injury that can limit your shoulder’s range of motion. Completing daily tasks can become an exercise in torture. Unfortunately, a torn rotator cuff is a very common injury from all types of car accidents, including rear end collisions.

A tear in the rotator cuff happens when one of the four tendons are injured, either from wear and tear, or in a violent collision such as a car accident. Insurance companies like to try to claim that a torn rotator cuff is only from wear and tear, but this is nonsense. It is clear by a complete medical examination by a medical professional when a torn rotator cuff is caused by a car accident or other type of collision.

Any type of car crash can cause this injury, but it is especially common with the rear end crash. If you think you are about to be hit from behind, you may tense up and grab the steering wheel. Your shoulder is tensed, and if it is, it is entirely possible for the force of the accident to be transmitted into the shoulder and rotator cuff.

Only your doctor can diagnose a torn rotator cuff, and their findings are crucial to your claim. But if you have these symptoms after a car accident, you might have this serious shoulder injury:

• Severe and/or sudden pain to the top or outside part of the shoulder
• Pain that radiates through the arm
• Reduced motion
• Swelling
• Difficulty sleeping because of pressure on the shoulder
• Popping or clicking of the shoulder when you move your arm

One of the most common types of personal injury cases involves the shoulder. The shoulder is one of the most important parts of the body. You use your shoulder more often than you might think. Everyday tasks will be difficult to complete if you suffer a shoulder injury in a car accident, construction accident, or any other type of accident. Victims of shoulder injuries often want to know how much compensation they can get for such an injury. The factors explained below help determine the value of compensation.

Estimate Your Damages

The first step in determining how much compensation you can get for a shoulder injury is to estimate your damages. You will need to provide your attorney with how much money you have spent related to the injury since it happened. This includes providing originals or copies of all medical bills related to the shoulder injury. If the injury is serious enough to keep you out of work you will need to provide the number of days missed and your salary information. You will also want to determine how much pain and suffering you’ve gone through since the injury. This is a difficult injury to pinpoint because it is not concrete like a physical injury.

Will the Defendant be Found Liable?

You also need to weigh the chances that the defendant will be found liable if the case reaches trial. If you, as the plaintiff, have little evidence to prove that the defendant was the cause of your injury, the value of your case drops significantly. If there’s a high chance the defendant will be held responsible, your case’s value will be high.

There are many different types of shoulder injuries with a wide range of severity from a torn rotator cuff to broken bones and fractures. In the case of a shoulder injury, it is very common to see torn rotator cuffs and unfortunately, is common that rotator cuff injuries may require surgery.  If untreated by surgery, it is possible that it will not heal and will remain torn. When determining how much a settlement should be also has many factors that help decide how much a victim should be owed. Some factors that go into determining the case value include:

• How severe was the tear?
• Was surgery required?
• How long was the recovery time?
• Pain and suffering
• What was the physical therapy process like?
• Compensation for loss of wages
• Was the shoulder able to fully recover?

Some examples of real settlement verdicts of torn rotator cuff injuries that required surgery include:

•  $190,000- bus accident resulting in torn rotator cuff requiring surgery
• $250,000- rear-end collision resulting in torn rotator cuff requiring surgery
• $340,000- left turn collision resulting in torn rotator cuff requiring surgery
• $300,000- struck by vehicle walking on the side of the road resulting in torn rotator cuff requiring surgery

Suffering an injury in a car accident can change your life in an instant. You might not be able to care for yourself on a daily basis, you might be out of work for months, and you might need to go through extensive rehabilitation. No matter the circumstances, even the most minor of car accidents can lead to neck and shoulder pain. So, can you get compensation for your injuries after a car accident?

Whiplash is a Serious Injury

One of the most serious injuries you can suffer in a car accident is that of whiplash. The impact of the striking vehicle into your vehicle does not have to be at a high rate of speed to cause whiplash. The sheer movement of your head and neck in a swift motion can lead to whiplash injuries. Whiplash can cause severe pain in the neck and shoulder areas of the body to the point where you cannot work.

File a Claim for Injuries

It is imperative that if you are suffering any type of pain following an accident you should file a claim for your injuries. Whiplash injuries might not appear on an x-ray or CT scan, but they can still be quite painful. It is best to speak with a personal injury attorney immediately after being injured in a car accident to build a case.

Collect Evidence

The best way you can improve your chances of receiving compensation for your injuries is to collect evidence. Speak to witnesses, take pictures of the accident scene, seek medical evaluation and refrain from speaking to insurance companies before talking to an attorney. Collecting as much evidence as possible can help improve your chances of recovering compensation for your car accident injuries.

If you have injured your shoulder and needed surgery from being involved in a car accident, you can expect a large settlement value. Once again, determining how much the settlement value is worth has many different variables to be considered while coming up with a value. Shoulder injuries that require surgery result in a higher payout than injuries that don’t require surgery. Some settlement examples include:

• $170,000- shoulder injury requiring surgery caused by trucking accident
• $250,000- shoulder injury requiring surgery resulting from car accident
• $275,000- shoulder injury/multiple other injuries requiring surgery resulting from car accident
• $250,000- torn rotator cuff requiring surgery
• $689,000- torn rotator cuff requiring surgery resulting in loss of his job

Shoulder injuries in car accidents can be serious and very painful. They can often prevent you from doing your work and various activities that you enjoy. While the shoulder has the most free range motion of any joint in the body, it is easily damaged in a car accident or other type of accident.

Shoulder injuries can range from a dislocated shoulder and torn ligaments, to a torn rotator cuff, to a shoulder fracture, or simply a severely broken arm. More specifically, you could have a fracture of the collar bone, humerous or top of the upper arm bone or scapula or shoulder blade.

Another serious shoulder injury that can lead to a large settlement is a dislocation of the collar bone; this is also known as a separated shoulder. Another type of dislocation is of the sternoclavicular joint between the sternum and clavicle. The glenohumeral joint also can be dislocated, which is the ball and socket joint of the shoulder.

How much an arm and shoulder injury personal injury settlement will be dependent upon many factors that vary widely. Some of the factors to determine the settlement value are:

• Whether any tear in the shoulder ligaments and tissue was full or partial
• Whether you needed surgery on your arm or shoulder
• How well you healed after the surgery
• How well your injury responded to physical therapy
• How much work time you missed
• Whether you were able to regain full range of motion; if you have a permanent disability, this will increase the settlement value
• Whether the arm or shoulder was on your dominant side

Some arm and shoulder injuries on the less serious side can range from $10,000 to $25,000, if the injury generally heals well and missed work time is less. But for more serious, long term injuries, settlements of $75,000 to $100,000 or more are not uncommon.

Car accidents cause many injuries to all areas of the body. One common shoulder injury you may sustain from a car accident is a torn labrum. The labrum is the cartilage tissue attached and surrounding your shoulder socket to help keep the ball of the joint set in place. A torn labrum can require surgery and a painful, lengthy recovery. There is no exact amount a victim of a torn labrum can except due to many variables that are unique to each individual case. Some examples of settlements received for a torn labrum include:

• $315,000- car accident resulting in torn tendons and torn labrum requiring surgery and 8 week recovery timeframe
• $275,000- car accident resulting in torn labrum along with other injuries, requiring surgery.
• $300,000- car accident suffering torn labrum, torn tendons and rotator cuff requiring surgery.

Suffering a torn labrum in a car accident can have a major impact on your life. You will have trouble lifting items of varying weight, you will have trouble rotating your arm, you will have routine popping or grinding and you will also suffer from pain and discomfort for quite a long time. There are other problems that can arise from suffering a torn labrum, all of which can lead to an extended amount of time out of work. So, what’s the average settlement for a torn labrum?

Settlements Vary Based on Circumstances

It’s hard to pinpoint the average settlement for a torn labrum because each injury is different. Your case will depend on the circumstances involved. For example, how serious was the injury you suffered? Did your injury require surgery? Are you looking at months of rehabilitation? Will you be unable to work for six months to a year? All of these factors must be taken into consideration when determining a settlement value.

Medical Evaluation is Required

In order to receive a settlement for a torn labrum from a car accident you will need to be medically evaluated. Your settlement will be based on the following injuries:

• Reduced motion
• Swelling
• Radiating pain
• Popping in the shoulder when it moves
• Pressure on the shoulder
• Severe and sudden pain on the outside or top of the shoulder

The Bottom Line

The bottom line when it comes to determining a settlement value for your torn labrum is that it can range from as low as $25,000 to as high as $200,000 or more. All of the factors mentioned above need to be taken into consideration by your personal injury attorney when seeking compensation.

In most car accident cases where the injured person makes a claim or files a lawsuit, the plaintiff wants to recover expenses for medical bills, lost wages and pain and suffering. But in a case where the injuries are minor, there is the question of whether it is worth filing a claim or lawsuit. 

In most cases where this is property damage and minor injuries, you would still file a claim with the other driver’s insurance company to pay for your car repairs and medical expenses. If you live in a no-fault state, you would file that claim with your own auto insurance carrier. 

The major question in a car accident with minor injuries is whether you should attempt to collect pain and suffering damages. Pain and suffering is the physical and emotional pain that is associated with the car accident and the injuries you suffered. For example, if a driver is seriously burned in a car crash, the driver would probably receive pain and suffering compensation for enduring the pain of the burn, the treatment, the discomfort caused, and limitations placed on the person’s lifestyle. 

But in a case with minor injuries, it may be difficult to claim pain and suffering. Most insurance companies use a multiplier system to calculate what your pain and suffering is worth. They add up your medical expenses and lost earnings, and then multiply that figure by a number between 1 and 5. For minor injuries, you would probably use a 1 multiplier. And if the injuries are minor enough, the insurance company may question paying pain and suffering damages at all. 

Before you decide to pursue a claim with minor injuries, you should consider how serious the injuries are, in light of the effort and time it takes to make the claim. Dealing with a hostile auto insurance company can be a pain. You can attempt to negotiate a settlement for your medical expenses, lost earnings, and property damage with the insurance company, but trying for pain and suffering damages could be challenging without an attorney. 

If you cannot resolve your claim with the auto insurance company, you may need to hire a lawyer and file a lawsuit. 

Before you go that far, consider if your injury is worth it. If you bruised your knee or sprained your ankle in the accident and have limited medical expenses and no lost work time, it may not be worth the hassle to even file a claim. But if you have hundreds of dollars of medical bills and you missed work time, you should file a claim. 

Of course, if you have any questions about whether to file a claim or lawsuit, you always can run your case by a personal injury attorney. They can recommend if it is worth filing a claim on your own or not. They also can tell you if it would be beneficial to file a claim or lawsuit using an attorney. They will not take a case where there is little possibility of obtaining a sizable settlement or verdict, so you can rely on the opinion of a skilled personal injury attorney in this matter. 

The quickest answer to this question is yes. You always need a lawyer for a soft tissue injury sustained in a car accident. The bottom line with car accidents is that you should always contact an attorney when you’ve been involved in one, whether or not you were injured or even transported to the hospital. Consulting with an attorney immediately protects your rights and helps you build a case against the at-fault driver.

When you talk to a lawyer after a car accident, he or she will immediately begin investigating the crash. A lawyer will request the police report, your medical records, and any other evidence that can help mount a case against those responsible. A lawyer will also encourage you to follow the doctor’s orders, seek the proper treatment, and help you build your injury diary following the crash. This diary can be helpful in explaining how serious your soft tissue injuries are.

It can be difficult to prove the presence of a soft tissue injury following a car accident, which is why a lawyer will be helpful. You might need more than just objective evidence because the damage to your vehicle might have been minor and these injuries do not appear on x-rays or other medical tests. An attorney will be able to negotiate a settlement with either your insurance company or the insurer of the responsible driver.

If all else fails, an attorney will be able to file a proper lawsuit against the at-fault driver and then represent you in court as you fight for compensation.

In the event that someone else’s negligent driving has caused you to become injured, it would be wise of you to seek legal advice and discuss options with a personal injury attorney.  Regardless of how minor you may think your wounds may be, if you have sustained any injuries to where you have sought out medical treatment, it’s possible you may have cause for a claim. It’s frequent that individuals believe their injuries are too minor to seek legal advice but isn’t until they consult with a personal injury attorney that they understand how much their case is actually worth. Often times a victim’s injuries may be dormant for a brief moment but over time begin to worsen. It’s crucial to recognize that there is a statute of limitations in which you are able to file a personal injury claim and most states require it to be done so within 2 years. So, don’t postpone seeking legal advice if you or a loved one has been injured due to the negligence of others.

Ordinarily the word “soft” makes one think it’s a minor or light issue. A soft tissue injury can be much greater than a “light” injury. Often, a soft tissue injury can evolve into a severe injury leaving you disable from everyday tasks and may lead to surgery for repair or even leave you with permanent damage. A herniated disc is considered a soft tissue injury. Some soft tissue injuries such as herniated or bulging discs can cause severe physical pain and have a lengthy recovery time. Herniated discs are common in car accidents due to the unnatural, sudden movements your body will experience from the violent impact of the collision.  You will typically experience extreme back pain, typically to the lower back, and oftentimes will pinch the sciatic nerve leaving you with a pain running all the way down one leg and possibly reaching the foot.

Soft tissue injuries can occur when an unforeseen sudden maneuver tweaks and damages the tissue surrounding bone structures and organs. In other words, soft tissue injuries are a result of damage to the muscles, ligaments and tendons. These types of injuries will leave you experiencing pain along with swelling and bruising. Soft tissue injuries include:

• Sprains
• Strains
• Torn ligaments
• Contusions or bruising
• Tendinitis
• Bursitis

Soft tissue damage can be permanent! Generally, a serious strain or sprain will require surgery leaving the victim with a lengthy recovery oftentimes never fully recovering. The pooling of blood on soft tissue as a result from the internal bleeding can also cause permanent damage.

A car accident is a car accident no matter how minor. Now, the severity of the accident comes into play when dealing with the damage to your vehicle and the injuries you suffered. But, what if a minor accident led to minor injuries? Don’t you think you should still be compensated for those injuries even though the crash was deemed to be minor? Of course you should. So, what’s a fair settlement for a minor car accident?

A minor car accident could very well wind up costing you a small amount of money for health and repair costs, but you should be able to recoup that money when you are not the person responsible for the crash. A settlement for a minor car crash could wind up being in the thousands of dollars depending on your injuries, the nature of the crash, and the damage that was caused.

It is nearly impossible to predict the settlement value of a minor car accident without moving forward with a lawsuit or claim. That’s why you should always have an attorney by your side when involved in even the most minor of car accidents. Minor car accident settlements can be as little as $50,000 and as high as $350,000. When all is said and done, your settlement value could very well be triple what your injuries cost to treat at the hospital.

Soft tissue settlements are difficult to pinpoint an average amount of compensation the victim may receive. Typically, soft tissue injuries are the most common type of injuries sustained in a car accident. Since most soft tissue injuries don’t show up on x-rays or MRI scans, and don’t have the “shock value” of stitches, casts, or massive bruising & swelling. As a result of this, insurance companies to decrease the car accident settlement offers for soft tissue injuries.

Because of this, soft tissue injuries are difficult to prove, leading many insurance adjusters to think or accuse claimants of exaggerating their injuries. If you’ve suffered a soft tissue injury in a car accident, be sure to to meticulously document and record any and all medical records – this will help prove the seriousness of your soft tissue injuries solidify your claim. Soft tissue settlements differ depending on various different factors.

Some examples of average soft tissue settlements after car accidents include:

• Average settlement for whiplash: $10,000
• Average soft tissue leg injury settlements:  $15,000
• Soft tissue shoulder injury settlement average: $20,000
• Herniated disc/back injury settlement average: $50,000

If you win the case, State Farm will issue a settlement check within 14 days.

One disadvantage is there is no formal evidence process. This means you must rely on the experience and skill of the arbitrator to understand the evidence.

There are five significant steps in the arbitration process: Initial pleadings, arbitrator selection, scheduling, discovery, trial preparation, and final hearing.

You demonstrate the extent of your property and personal damages and why the insurance company owes you compensation. The insurance company responds, and the arbitrator makes a ruling that is binding for both parties.

A T-bone accident is one of the most serious types of car crashes. The problem is when a vehicle slams into the side of your at high speed, you have little protection from the resulting forces other than the thin metal and plastic of the door, as well as the side air bags.
In a T-bone accident, the person who is on the side of the crash could have very serious injuries.
How much the settlement can be for a T-bone accident varies so much based on the speed and size of the vehicles involved. One of the areas the auto insurance company will look at when determining what to pay is ‘special damages.’ These are economic damages that include your losses financially were due to the crash, including medical costs and lost wages.
Once it is decided how much you have lost in economic damages, that number will usually be multiplied by a number from 1 to 5 to represent your pain suffering. Depending on that number, your settlement could range from tens of thousands to hundreds of thousands of dollars.

If you have serious injuries that greatly affect your life for weeks and months, such as broken bones, head fracture and or internal injuries, you should be entitled to a serious settlement for a T-bone accident. If you have serious injuries, and the insurance company only uses a ‘2’ multiplier to determine your pain and suffering, you are being low balled. Bring in a good personal injury attorney to get you the pain and suffering compensation to which you are entitled.

Side impact collision settlement values vary due to each accident and their unique variables.  In order to get an estimated value on your t-bone collision, the best way to do so is by using our t-bone accident calculator. Generally, there is a simple formula used by adding up all of the following:

• Property damage to the vehicle
• Medical bills if injures are present
• Future medical bills
• Wages lost due to the absence of work
• Passenger damages

Once you have determined the value to the damages above you then must apply a multiplier which is generally a number 1-5 that represents the pain and suffering from the injuries sustained due to the accident. If the pain is continuous and extremely severe affecting the victims’ everyday activities, the number will be on the higher scale such as a 4 or 5. If the pain and injuries are less severe and are capable of quick recoveries, the multiplying number will be lower such as a 1 or 2.

There are a few different types of car accidents one can get involved in during their lifetime. One such accident is the sideswipe accident. A sideswipe accident occurs when the right side of one vehicle collides with the left side of another vehicle. These accidents can range from minor to severe, with the most severe being when one of the vehicles involved winds up on its side in a rollover. So, when compared to an average car accident settlement, are sideswipe accidents more or less serious?

A t-bone accident settlement is much the same to other personal injury settlements. The sum will rely upon various unique factors to the case like the severity of the wounds, regardless of whether it worsened any prior wounds, and whether the offended caused the mishap themselves. There is no exact answer how much money a t-bone car accident victim may be owed however; here are some different factors that go into deciding the settlement amount such as:

Compensation

• Medical expenses
• Pain and suffering
• Loss of wages during recovery time
• Property damage
• Future medical expenses
• Physical immobility
• Spousal loss of companionship
• If death, funeral costs

T-bone accidents are also known as side impact crashes. These side impact collisions occur when a driver crashes into the side of another car, head on causing the accident to appear t-shaped. Side impact collisions tend to have devastating outcomes due to the lack of safety features protecting the sides of the vehicle. There are many reasons T-bone accidents can occur including such as:

• Distracted driving/texting
• Driving under the influence
• Running stop signs/stop lights
• Fatigue
• Failing to yield
• Speeding

These types of accidents are more severe due to both cars typically colliding at full speed, which is why the damages done are generally more significant than a minor fender bender.

Side impact collisions are also known as t-bone accidents. There are many unique factors that involve every accident but when it comes to determining fault for a side impact collision there are a few guidelines to follow. You can determine the faulted party primarily based on how the cars collided. If one car is the recipient of the t-bone collision, they are usually not at fault. However, many other factors can prove the car that is the one getting t-boned is at fault including speeding, running traffic signals, distracting driving such as texting or being under the influence and tire marks in the road. Eyewitness statements and street cameras (if available) are also very important when providing evidence to determine the fault.

Can sideswipe accidents cause you to suffer serious injuries? They absolutely can, especially if the speed of the striking vehicle was high and led to your vehicle being rolled over onto its side or its roof. This level of severity can easily cause you to suffer a neck injury, head trauma, impalement or other serious injury.

It’s not uncommon for a sideswipe accident to result in a fatality. How? If the vehicle that is sideswiped winds up rolling over violently, the driver or passenger in that vehicle could wind up being ejected or crushed, leading to fatal injuries. That is why a sideswipe accident can be just as serious, or even more serious, than an average car accident.

When it comes time to look at settlement values for sideswipe accidents, these crashes could wind up leading to average settlements if the damage and the injuries aren’t too serious. If the damage to the vehicle is extensive, or the injuries are severe or fatal, the settlement value could wind up being higher compared to an average car accident. The difficult issue here is it is nearly impossible to determine a settlement price before a claim is filed.

All types of car accidents can cause serious injuries especially side impact crash. Side impact accidents consistently cause serious injuries to the victims involved and are especially dangerous due to the lack of protective safety features on the sides of the vehicle.  These accidents frequently occur at intersections while both vehicles are attempting to cross resulting in devastating damages due to both vehicles colliding at full speed. Cars are designed with a great amount of safety features such as bumpers and air bags and are intended to withstand damages caused from a front-end or rear-end collision. However, there is an absence of protection while enduring a side-impact crash.

Intersections can be a bit confusing when cars pull up to stop signs at the same time. Stop sign accidents usually result in t-bone collisions and are typically caused by distracted drivers. You may file a claim as long as you can prove the other party was at fault. When it comes to stop sign intersections, there is generally one rule you must always remember. If you pull up at the same time as another vehicle, the vehicle to your right always has the right of way and the vehicle to the left must yield. If you are involved in a stop sign accident and are looking to file a claim it is important to provide proof to show you are not at fault. To prove the other party is at fault it is important to provide evidence against them such as:

• Pictures of the intersection including road signs
• Police report
• Pictures of damaged vehicles
• Eyewitness statements
• If surveillance footage is available

T-bone auto collision injuries have a tendency to be considerably more extreme than those maintained in a front-or backside crash. The reason being is due to the high-speed impact and minimal airbag security from the sidewalls of the vehicle.

• Head injuries/traumatic brain injuries
• Skull fractures
• Broken ribs
• Chest injuries- lung trauma and esophageal injuries
• Broken bones- arms, pelvis, legs
• Hip injuries
• Neck injuries- whiplash, broken neck
• Cuts and bruising
• Back injuries- broken back, herniated disks, spinal cord injury

If you or a loved one is suffering from injuries from a t-bone car accident, be proactive and do some research regarding your situation and contact your local personal injury attorney to find out what compensation you may be owed.

Running a red light is seriously dangerous and can likely result in a t-bone collision. If someone has run a red light they have broken the law. If you are the driver who t-bones the negligent driver who ran the red light, the fault of the accident is placed on the driver who ran the light. It is very important to cautiously enter any intersection for this very reason. Negligent drivers can speed through a light hoping to make it through in time so be sure to watch for traffic entering the intersection even if you have a green light. The careless driver is responsible for the other drivers damages as well as their own.

Few vehicles offer the safety features that help protect the passengers in a t-bone collision. Because of this, side-impact crashes have been reported as the deadliest for children and deaths rates continue to rise because of expanded travel speeds and increased number of larger vehicles on the road. It is common to sustain head, neck and spine injuries in these types of crashes. According to the insurance institute for highway safety, 25% of fatal accidents are t-bone collisions and about 8,000-10,000 people are killed each year.

T-bone accidents tend to involve larger levels of compensation. When the car is broad sided, the person on that side takes a very violent hit. Even with several airbags, there is only a car door and window to slow the other car before it strikes you and the others in the car.

In this type of severe accident with so little protection, it is possible you can suffer severe whiplash, fractures, organ damage, brain damage or death.

Because of the severe injuries often involved, the compensation in a t bone accident can run into the hundreds of thousands of dollars. First, your attorney will help you to add up the following:

• Costs for medical care, therapy and rehabilitation
• Out of pocket costs for drugs
• Lost earnings and wages

Once those have been added up, your attorney will negotiate with the insurance company to determine what your pain and suffering amount should be. Typically a multiplier from 1-5 will be used. A 5 is for the most serious, long term, life changing injuries, such as serious brain damage. Less severe injuries might rate a 2 or 3. So, your compensation for a t bone accident could range from the tens of thousands of dollars into the millions for the worst cases.

After a t-bone car accident, you may have genuine wounds and a large amount in hospital expenses and different misfortunes. Your vehicle might be destroyed and now you need to make sense of how to recover it in your current financial situation. When you have solid proof that the other vehicle is to blame in the t-bone mishap that prompted your injuries, at that point you can seek after compensation for your physical and other damages. Some cases where compensation was owed includes:

• Woman compensated $1 million after being t-boned and suffering ankle and heel injuries as well as mild traumatic brain injuries.
• Man was compensated $175,000 after being t-boned by a man who fell asleep at the wheel, causing lower back injuries requiring surgery.
• Woman was compensated $99,000 after being t-boned and sustaining neck and back injuries.
• Woman compensated $5 million after a car blindsided her leaving her with severe brain injuries and a broken back
• Accident victim awarded $700,000 after being t-boned from a negligent driver running a stop sign.

When being involved in a t-bone car accident, there are a few various circumstances that cause this type of accident to occur. In t-bone car accidents, determining the at-fault party involves providing an official police report, evidence such as photos and testimonials from a third party such as a witness. Commonly, in a t-bone car accident the driver who has collided into the side of the other car is typically found at-fault. However, scenarios such as a driver running a red light or a stop sign causing the other driver to crash into that negligent driver will be determined at-fault.

Other factors determining who is at-fault:

• Driver missed the traffic sign
• Driver was distracted or intoxicated
• Driver fails to yield to the right of way driver
• Vehicle defects such as failed breaks
• Traffic camera evidence
• Vehicle damage evidence
• Physical injury evidence

Tire blowouts can be deadly. At high enough speeds, a tire blowout can cause a driver to panic and veer off the road, or lose control of the vehicle altogether. In a mild example, this may cause a driver to veer into another driver’s lane and cause a minor sideswipe collision. But in more serious tire blowouts, drivers have veered into oncoming traffic, causing fatal head on collisions. In busy cities, tire blowouts can also lead to a number of cases of pedestrians hit by cars, which have the potential to be very serious injuries. 

The NHTSA estimates that tire blowouts killed over 600 drivers in 2019. 

You can avoid tire blowouts by making sure you get your tires changed and rotated frequently, avoid hazardous roads, and driving the speed limit.

 

Some experts say having a blowout on a front tire is less dangerous. But any blown tire is hazardous, and it is vital to slow down gradually, steer towards the side with the damaged tire, and never slam on the brakes.

Do not slam on the brakes. Instead, keep both hands on the steering wheel and gently steer to the side with a flat tire. Take your foot off the gas and downshift the transmission, so you slow down gradually. When the car is nearly stopped, gently press the brake pedal. Turn on your blinkers and change the tire, or call for help.

A tire blowout can cause a minor accident, such as a car behind you hitting your bumper when you suddenly slow down. However, blowouts also can cause the driver to lose control and suffer a severe accident. A truck tire blowout can send rubber smashing into your car and lead to a deadly accident.

A tire can fail because of wear, manufacturer defect, installer error, under inflation, and other causes. Some tires blow out because of another party’s negligence, while others are owner error. 

We see large commercial vehicles, otherwise know as semi-trucks, everyday during our daily drives. They are large and heavy vehicles that may not be properly maintained, leading to deadly and serious accidents, including rear-end collisions. These trucks can weigh anywhere from 10,000 to 80,000 pounds depending on what they are carrying, making a rear-end collision dangerous due to the extreme weight and sheer size of the commercial vehicle.

Unlike other drivers, commercial truck drivers are held to a higher standard on the road. As commercial truck drivers, they must have additional licensing, abide by rules for how many hours they can be on the road between rest breaks, and other regulations. For this reason, suing a commercial truck driver for a rear-end accident is more complicated than suing an individual driver who is not on the road as part of their job.

Also, determining ownership and responsibility for the truck that rear ended you is another key issue in suing a commercial truck driver for a rear end accident. In most cases, a commercial truck is owned by a trucking company and operated by the driver. However, in some cases, the truck is leased to the driver, who is also the owner and operator of the vehicle. Therefore, in cases involving being rear ended by a commercial vehicle, a careful examination of the accident and the ownership of the truck involved is required.

Large trucking companies generally have their own insurance companies and will fight for their drivers to pay out as little as possible to the victim.

You may have the option to sue a commercial truck after being rear-ended, or you may decide to take an out of court truck accident settlement rather than go through the time and expense of litigation. In most truck accident cases, especially when there are serious injuries involved, the amount you can win in a truck accident lawsuit will be a lot higher than what you’ll get offered in an out of court settlement. However, sometimes the prospect of a pending lawsuit (especially when the odds of winning don’t look good) will often cause settlement offers to go up as the at fault parties realize they are better off settling out of court, even for a larger amount.

Speaking with a personal injury attorney that’s versed in trucking accident claims can help you understand which is the best course of action to take.

Yes, you can file a semi truck accident settlement. In the event that the truck driver or trucking organization was careless in causing the mishap, you are able to file a claim to receive the compensation you are entitled to for the damages caused by the accident.

Not only is the truck driver liable for your damages, but your attorney can go after other liable sources such as the drivers company, the company of the product being hauled, the semi trucks owner, the drivers employer and if the cause of the accident was due to product malfunction you are able to sue the manufacturer. Anybody involved and injured in a semi truck mishap is able to file a personal injury claim for any damages brought about by the accident. In the event that the truck driver or trucking company was careless in causing the mishap, you are entitled to recover the damages from the accident.

After being involved in a semi truck accident, there are steps you need to take to ensure you receive a fair settlement. Steps you should take to help you while filing a claim include:

• Documenting all of the truck drivers information such as name, company they work for and the insurance provider.
• Receive medical treatment and strictly follow all doctors orders without any gaps between treatment.
• Keep track of all expenses during recovery time including medical expenses, loss of income, property damage, estimated future medical expenses that will include ongoing treatment, and all other expenses. Document well so that you can solid proof of these expenses.

You should speak with a personal injury attorney with experience negotiating truck accident settlements. They’ll be able to provide you with proper guidance and allow you to receive the maximum amount of compensation for your truck accident injuries.

Typically in a car accident settlement negotiation, one or sometimes both drivers can be found at-fault. If you are involved in a semi-truck accident things become a little complicated. Truck drivers are covered under a different type of insurance therefore allowing the trucking company to take partial responsibility. Meaning, if a company employs the truck driver rather than the driver being self employed it is possible for you to sue the company.

But what if YOU are the truck driver and a passenger vehicle hits your semi truck? If you become involved in any type of accident where the other driver was found at-fault for negligence, you have the option to sue for damages. It is unlikely that the driver of the semi-truck will become injured but not impossible. If and when this does happens (and it does), you’re absolutely able to sue the at fault driver or file a car accident claim with their insurance company for your injuries.

Commercial semi truck insurance policies tend to be worth more than a passenger vehicle insurance policy. They can be worth millions. This is due to the large size of the truck and amount of coverage that is fundamental due to the harm and damages such a massive vehicle can administer. The insurance policies for a commercial semi truck are typically very large and can lead to million dollar payouts to any injured victims and for this reason, commercial trucking insurance companies will do everything in their power to find fault in anyone but their policy holder.

A semi-truck accident settlement or lawsuit tends to be both larger and more complicated than the average car accident settlement. Part of the complication is around ownership of the trucks, employment status of the driver ,and the severity of the injury.

But a major part of the larger settlement amounts in commercial truck accident cases is the insurance policies, which differ from standard auto insurance not so much in substance, but in policy limits. Every state has different laws around insurance policy limits, but in general drivers of commercial semi trucks (and/or the companies that employ them), are required by law to carry insurance that will cover 2-3 times the amount of a normal personal auto insurance policy.

Being involved in a collision is a traumatic event in itself. Now add 18 wheels instead of 4 and a commercial vehicle insurance company and things become a little more complicated. However, when determining fault in a semi truck accident you will ask the same series of questions as if it were a regular car accident while investigating and determining who the at-fault party is. A semi-truck driver must obey a series of rules including:

• Must not drive tired and must take proper breaks
• Age (must be 21 or older)
• Truck inspections are mandatory
• Cargo secured safely to ensure safety of others on the road
• Must not use cell phones or other distractions while driving
• Follow all other general traffic laws

It is important to remember that although, many truck driver’s work for a trucking company, oftentimes the driver is an independent contractor implying that the trucking company is not responsible for the driver’s mistakes.

After being involved in a semi truck accident, victims are typically left with serious misfortunes and damages, which is why people often wonder how long it will take for your truck accident settlement to be finalized.

After a semi truck accident, knowing when you will receive compensation is significant to the victims in regards to paying off expenses that occurred during the accident. Every semi truck settlement has a timeline, and some may take longer than others depending on a few general variables. However, it can be confirmed that a semi trucking accident will generally take longer than a regular car accident settlement. Some common factors to help get a better understanding on how long the timeframe may be include:

• The investigation process/ determining fault
• Insurance negotiations
• Damage done during the accident
• Medical expenses/wages lost/future medical expenses (many truck claims last a long time because serious injuries can take a while to resolve).
• Whether or not the case goes to trial/litigation

If you have been in a truck accident caused by the other driver, you will naturally wonder what your settlement could be. Truck accidents often have very serious injuries, so getting as much money as possible is critical for your recovery. It should be pointed out that it is difficult to say with any certainty on a general basis what a good settlement is for a truck accident case; a minor case could be worth $25,000, while a serious case could have millions in damages.

To value your truck accident case accurately, you and your attorney must consider two angles: liability and damages. Liability refers to the person who was at fault for causing the truck accident. In many of these cases, the truck driver may have been distracted or disobeyed a traffic law and caused the accident. But if there was no liability, as the truck driver was not at fault or you cannot prove it, the case will have little value. You must prove that the plaintiff was negligent. And trucking companies are represented by tough defense attorneys who will try to poke holes in your case, no matter how certain you are the trucker was at fault.

Damages are the losses and injuries you suffered in the truck accident. Truck accidents often involve large vehicles hitting each other at high speed, so your damages could be large.

As you and your attorney attempt to value your truck accident injury case, remember there are two considerations – settlement and trial value. The settlement value for your case is what you are hoping to settle the case for. This amount is lower than what the trial value would be. After all, you are settling your case for a lower amount because of the risk of losing outright at trial. The trial value will be much higher, but there is some risk you could get nothing.

Consider the below example. Let’s say based upon liability and damages, you think if you went to trial and won your truck accident case, you would be awarded $200,000. But you think there is only a 20% chance of winning the truck accident case. So, you could argue it would be smart to settle for less than $40,000. That is about 20% of the expected trial value. Usually the case settlement value is a bit lower than the trial value, multiplied by the odds of winning at the end of the trial.

There are two types of damages in a truck accident case:

• Special damages, such as medical costs and lost wages
• Pain and suffering that are harder to calculate

Special damages refer to your past, present and future lost earnings and ability to earn, and other related monetary losses. Pain and suffering cannot be precisely calculated, but can be massive in a truck accident case. The judge during the trial will tell the jury to use ‘good sense’ to figure out what the pain and suffering amount should be.

Your truck accident attorney can go over the case with you and offer a rough idea of what your truck accident settlement might be, including pain and suffering.

Every truck accident is different. Several factors must be accounted for when determining a settlement value on your trucking accident. When configuring a settlement value, you must factor in these variables to decide the worth:

• Who is liable?
• Severity of injuries
• Medical expenses
• Were there any fatalities?
• Insurance coverage

It’s important to understand liability when being involved in a trucking accident. If the driver of the commercial vehicle is found less than 50% at fault, it’s possible you will not receive any compensation from their insurance. But let’s say you were found partially at-fault and the police report states you were 20% at-fault. Whatever the case was worth, 20% liability factor would be deducted from the value.

Large semi trucks with huge amounts of cargo results are generally extremely heavy and can cause serious, lifelong injuries and death. The amount of money you can get in a semi truck accident settlement will be based on the severity of your injuries and how much money medical bills you have to pay, the amount of time you missed work, and how much the injuries will impact your day to day life moving forward.

Semi truck accident settlements are often larger and more complex than a standard car accident. This makes it especially important to document everything, and speak with a personal injury attorney that’s experienced in negotiating truck accident settlements before accepting any sort of settlement offer.

Understanding how compensation is divided in the unfortunate event of a semi-truck accident varies from a regular car accident or even motorcycle accident. In all semi-trucks, they have a little mechanism called a black box that can determine several factors such as the speed in which the truck was going. This is helpful when determining whom the at-fault party is and will decide how compensation is disbursed. Commercial vehicle accidents can have devastating results and have a tendency to have large settlement amounts. In the case of a commercial vehicle and non commercial vehicle accident depends on liability. Compensation can be decreased due to which parties were contributory to the accident. If you were in the car as opposed to the semi-truck and you were proven to be 51% or more at-fault, it’s possible you may not receive any compensation from the commercial vehicles insurance company.

If a semi truck hit your car, you should absolutely call a lawyer. Generally truck accident claims are handled by personal injury attorneys – make sure ask specifically about their experience in handling semi truck accident cases. Because of the commercial nature, additional insurance, and often serious injuries attached to truck accident settlements, trying to negotiate a truck accident settlement yourself is a risky proposition, and you could end up leaving a lot of money on the table.

Most personal injury attorneys offer a free consultation, so if you speak to one or two that you don’t like, call a few more. Ask lots of questions. Truck accidents are complex and can be a lot of work, but most attorneys are happy to take them due to the higher average settlement amounts usually seen in truck accidents. In addition to the free consultations, most truck accident attorneys work on a contingency fee basis, meaning they only get paid as a percentage of the truck accident settlement. This means two things:

 

1. You won’t have to pay thousands of dollars in retainer fees out of pocket, everything is free up front and charged on the back in IF the lawyer wins your case.
2. You and your attorney have aligned interests – you both benefit from them getting you the highest truck accident settlement possible. In many family and business law situations this is not the case – the attorney is incentivized to drag things out and “milk the clock”, since they are getting paid (handsomely) by the hour. In a car, truck, or motorcycle accident settlement claim, the attorney is incentivized to get the most money for you in the shortest time possible – Which is good news for people who don’t like paying hourly attorney fees.

Semi trucking accidents are often disastrous due to the massive size and weight of the truck, often leaving victims with major property damage and devastating personal injuries.

If you have been involved in a rear end collision with a semi truck, should definitely file a claim for your injuries. It’s pretty easy to attribute fault in rear end collision settlements due to the fact that it’s almost always the fault of the driver in the rear of the accident. For obvious reasons, injuries are often much more severe in rear end collisions with semi trucks than with standard cars or trucks. As a result, the settlements for these accidents tend to be a lot higher than in car on car accident settlements.

Unfortunately, trucking accidents are not uncommon and in most cases, the driver of the small automobile is generally the person who will suffer the most severe or life threatening injuries. It is important to seek out professional medical treatment as soon as possible and speak with a person attorney to find out what options you have regarding your rear end semi truck settlement. Semi truck settlements regularly turn out to be larger settlement sums as a result of the insurance protection policies that commercial businesses are required to have.

If you’ve been involved in a truck accident as a result of negligence from another and endure personal injuries, you might be curious about how to calculate your truck accident settlement. Trucking accidents can be devastating and leave you feeling overwhelmed and struggling to pay for the expenses caused by the accident, which are often high due to the severity of injuries usually sustained in trucking accidents.

A truck accident settlement calculator is a tool to help you obtain an estimated settlement value for your accident claim. If you have been in a trucking accident and curious as to the value of your claim might be, you can use a car accident settlement calculator to receive that estimate. The calculator will factor in specific variables such as special damages and general damages. Special damages are expenses that include medical bills, loss of income, and property damage. General damages are calculated by pain and suffering and emotional distress. In order to ensure you receive a fair settlement offer, it would be wise to use a truck accident settlement calculator to get some sort of estimation and be educated as to what a fair value for your settlement will be. If you are planning on settling without an attorney, always keep in mind that insurance companies will try and offer you the least amount of compensation as possible.

Our trucking accident calculator uses a general formula that includes adding the following items together:

• Total medical bills
• Future medical expenses
• Property damage to your vehicle
• Income lost from missed workdays due to injuries

After the total expenses have been added, a multiplier 1-5 representing pain and suffering is applied to the total above. When deciding what the multiplier will be, you must take a look at how severe your injuries are. If the injuries you sustained result in ongoing pain requiring months or longer to recover, affecting simple everyday tasks the multiplier applied will be higher. If the injuries sustained are less severe, the number will be lower on the scale.

When using a trucking accident calculator to receive an estimated settlement value for your injuries, you must first understand how to use the calculator. You will be asked to answer a few questions regarding the amounts spent as a result of the accident. You will need to enter in how much your medical bills are for receiving treatment following the accident. If you did not receive medical treatment, the calculator will calculate your injuries on a daily rate. You will also be asked to enter your estimated future medical expenses if ongoing medical treatment is required to treat your injuries. Next you will need to enter in property damage which includes the amount spent on repairs to your vehicle. If you were unable to attend work during your time of recovery, you will be asked to enter in the amount of wages you were unable to receive due to your absences. Not only will you be asked to enter in the loss of income during recovery time, but also to enter the estimated future loss of wages from treatment necessary for your recovery. Once you have answered all of the questions regarding expenses spent and lost due to your injuries, the calculator will estimate a multiplier 1-5 representing pain and suffering endured from the injuries. The lower the number, the less severe the injuries with a quicker recovery time. The higher the number, the more severe injuries, that result in a long lasting recovery. Once the multiplier is applied, you will have your estimated truck accident settlement value.

After being involved in a trucking accident, it’s important to know what type of attorney you should contact to handle your claim. In the unfortunate event that you were involved in a semi-truck accident caused by the carelessness of another driver, you will need a truck accident attorney who is qualified and knowledgeable with complex claims to guarantee maximum compensation owed. Trucking accidents typically leave victims with severe physical injuries along with totaled vehicle damages. Trucking attorneys are experienced in investigating the liable party, personal injuries, finding falsifications in trucking records, recovering compensation for property damage, loss of wages, medical expenses and pain and suffering. You can hire a personal injury attorney as well however, there are trucking attorneys that focus on this specific type of accident.

18 wheeler accidents can be complex when it comes to estimating a settlement amount.

Each trucking company has an insurance company in which they will defend their drivers and themselves by utilizing strategies to reduce compensation. It’s impossible to pinpoint the exact settlement amount you’ll receive. Every accident is different with a multitude different factors to determine how much a victim may be owed, including:

• Severity of injuries
• Lost wages
• Compensation for any lost earning potential resulting from the accident
• Pain and suffering
• Loss of companionship
• Property damage
• Medical expenses

However, by looking at high level numbers, like nationwide averages, and then looking at some actual 18 wheeler settlement amounts in claims similar to yours, you should be able to get into a reasonable close range.

Here are some examples of 18-wheeler settlements:

• 18-wheeler accident settlement of $183,215 after a semi-truck hit him leaving him with neck, back and head injuries.
• 18-wheeler accident settlement of $600,000 after a semi-truck accident. The accident happened at night and the truck did not have proper reflectors. Victim sustained head injuries.
• Commercial vehicle accident settlement of $2,000,000 after semi-truck crashed during a rainstorm leaving her with multiple fractures to her legs and just about had her arm amputated.

As with any car accident, your settlement amount depends on the circumstances of the accident and your injuries. There are reported settlements with Uber for serious accidents of $1 million, $955,000, $896,000, $500,000 and $610,000. Whether your case could be worth that much or much less depends case specifics. A personal injury attorney can review your case at no charge and determine a ballpark figure for your settlement based on past settlements in accidents similar to yours. 

If you are hurt as a passenger or pedestrian by an Uber driver, you could be covered by the company’s $1 million liability policy, depending on whether you were a passenger at the time of the crash, and whether the driver was working on the clock at the time. 

Uber typically pays settlements between $10,000 and $1 million. But you can only sue Uber itself in certain situations, such as when the driver caused the accident and he was on the clock, or on the clock and with a passenger. If he was not with a passenger at the time, the driver’s personal auto insurance usually is the only option for compensation. 

As with any car accident, your settlement amount depends on the circumstances of the accident and your injuries. There are reported settlements with Uber for serious accidents of $1 million, $955,000, $896,000, $500,000 and $610,000. Whether your case could be worth that much or much less depends case specifics. A personal injury attorney can review your case at no charge and determine a ballpark figure for your settlement based on past settlements in accidents similar to yours. 

Uber drivers are independent contractors, so it is challenging to sue Uber directly if one of their drivers caused your injuries. In these cases, you need to file a suit against the driver to recover compensation for your injuries. But Uber drivers also are covered by Uber’s $1 million liability policy for accidents.

Sometimes Uber drivers get in crashes where the driver is at fault. But the other driver may lack enough coverage to cover your serious injuries. Uber has $1 million of uninsured and underinsured motorist coverage for these accidents. But you should obtain legal counsel to file the proper paperwork with the insurance company when attempting to collect damages for your injuries.

After you sign the release, it can take up to six weeks to receive your check. Some cases take up to two years to settle, depending on the accident and the injuries’ nature. 

Ideally, you and your attorney will reach a fair settlement with the insurance company. But if this fails, threatening to go to arbitration can encourage the insurance company to up their settlement offer. Arbitration is more expensive than a settlement for the insurance company.