how much money do drivers receive in an auto accident as opposed to those who hire an attorney

by Chandler Schimmel 4 min read

If you or a loved one were injured in a car accident then you should hire an attorney to represent you. Results show, that injured individuals who hire an attorney to handle their car accident case, receive 2-3 times more money than people who do not hire an attorney. There are several reasons why.

How much can you get paid for a car accident?

The exact amount you can get paid for a car accident (that you didn’t cause) varies per accident, but car accident claims can easily get up to tens of thousands or hundreds or thousands of dollars. The goal is to get you the money that covers all of your damages and leaves you without the stress of paying anything out of pocket.

Why should I hire a car accident attorney?

There is not one answer to this question: the amount of money you may be eligible to recover after a car accident depends on the severity of your injuries, the balance of fault and the extent to which your injuries are likely to affect you in the future. If you are 50 percent or less responsible for your accident, you may be eligible to collect compensation for a variety of expenses.

Who pays for damages in a car accident between two drivers?

Jul 03, 2020 · Contact a New York Car Accident Lawyer for Help. At Kaplan Lawyers PC, our car accident lawyers have handled thousands of injury cases. If you are a passenger who was injured in a car accident, we can help you understand your legal options. Once we learn about your case, we can also advice you about how much you might be able to get. Call our ...

Can a car accident victim get a settlement without a lawyer?

Georgia allows both drivers involved in an accident to be considered partly at fault. The insurance company will do anything possible to drive up how much of the fault you share. If you are 40% at fault, for example, then they can pay you 40% less. If they can claim that you are 50% at fault or more, they don’t have to pay you at all.

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What is the average settlement for a car accident?

The average car accident settlement is $15,443 for accidents with physical injuries. For accidents with property damage only, the average car accident settlement is $3,231.

How is settlement value calculated?

Settlement value is essentially based on what a jury would award you for what you went through because of your injury. That number is the sum of your pain, your suffering, your bills, and your lost wages. Using a formula would not capture the details of each individual person's case.

What is a typical payout for whiplash?

Whiplash injuries, on average, payout roughly $10,000 to $20,000. However, this is just an average whiplash injury settlement. Averages are skewed in whiplash injury cases because some cases can result in extremely large settlements and some can results in extremely small settlement amounts.

What is a good settlement?

A Good Settlement Offer Whether the case settles at the top or bottom of the acceptable dollars found reasonable for the injuries involved depends on many factors. One of those factors is the ability to prove liability on the part of the defendant who is offering to settle the case.

How Does No-Fault Insurance Work?

With no-fault insurance, drivers are compensated for their injuries through their own insurance. This is the case even if the other driver was clearly responsible for the crash. Passengers who are injured in car crashes are covered by the no-fault insurance of the driver of the vehicle they were riding in.

How Can a Passenger Get Money After a Car Accident Outside of No-Fault Insurance?

If your economic damages in a car accident case are more than the basic coverage amount, you may be able to file a lawsuit outside of the no-fault system. Economic damages include medical bills, lost time at work and other measurable losses.

Passenger Injured in Car Accident? Learn About Damages

When you file a lawsuit, you can also ask for non-economic damages. Non-economic damages include pain and suffering. These damages are not available through no-fault insurance.

Proving Injuries in a Car Accident Lawsuit

When you’ve been in a serious car accident and are seeking compensation for damages, you will need evidence to prove your injuries. This is especially true when you are bringing a car accident claim outside the no-fault system. A driver who is being sued, or their insurance company, may try to deny that your injuries are as bad as you claim.

Time Limit in Car Accident Cases

The time limit for filing legal claims is called a statute of limitations. As a passenger injured in an accident, you are under the same statute of limitations as vehicle drivers. What is the statute of limitations for filing a car accident claim in New York? It is generally three years from the date you were injured.

Contact a New York Car Accident Lawyer for Help

At Kaplan Lawyers PC, our car accident lawyers have handled thousands of injury cases. If you are a passenger who was injured in a car accident, we can help you understand your legal options. Once we learn about your case, we can also advice you about how much you might be able to get.

How much does it cost to settle a car accident case?

It varies from less than $100 to well over $100,000. If you settle a severe injury case before filing suit, the expenses will be a fraction of the cost of taking claim to trial. The average expenses in a car accident case that is settled before filing suit is usually a few hundred dollars.

Do you have to pay back medical bills?

On most medical bills, the client has an option as to whether they want to pay the outstanding bills out of their settlement. To negotiate the bills and pay the claim out of the settlement or simply to leave the bills open.

What does a personal injury lawyer need to know?

As a personal injury lawyer, the injured person or his/her lawyer needs to know the average settlement value of pain and suffering for different types of injuries. This will allow you to know when to settle without lawsuit, and when to sue.

What is the role of a claimant's witnesses in a lawsuit?

The claimant’s witnesses may be a big factor in how much compensation is awarded for pain and suffering. Sometimes the insurance company will speak to witnesses before a lawsuit. The adjuster will decide whether he thinks the witness is honest and credible.

What happened to John in the accident?

A couple months after the accident, John complained to an orthopedic doctor about knee pain. Ultimately, the doctor took an MRI of his knee. John had a meniscus tear. Shortly thereafter, the doctor operated on his knee.

Where was Lamar driving his car?

In March 2019, Lamar was driving his car in a Wendy’s drive thru lane in Oakland Park, Broward County, Florida.

Do men get compensation for scars?

As compared to woman, men typically get less compensation for pain and suffering for a scar. I settled a case for $31,500 for a man after a hotel glass shower door broke and cut his ankle.

Is a personal injury settlement taxable?

However, some personal injury settlements may be taxable. Specifically, if you agree to a confidential settlement for pain, suffering or other damages, you may have to pay taxes on part of the settlement. Specifically, you’ll have to pay taxes on the part of the settlement that was paid for confidentiality.

How much did Yuni's opening offer cost?

Yuni’s opening offer was around $11,800. We settled for $14,200. Basically, her opening offer was 83% of her final offer. If I have another Progressive case with Yuni, I will remember this percentage.

What to do if you are injured in a car accident?

At this point, you can: Hire an attorney. This is especially important if you’ve been injured during a car accident.

What happens if you are not at fault for a car accident?

When you’re found to be NOT at fault, the other person’s car insurance policy pays for your medical costs; however, if the other person doesn’t have enough (or any) coverage—or the company refuses to pay—consider contacting a personal injury attorney .

Can you deal with the other driver in an accident?

Generally, you won’t deal directly with the other driver involved in the car accident. You’ll handle matters with your car insurance company and/or the other driver’s car insurance company when reporting an incident and going through the reimbursement process.

What is total loss in insurance?

Generally, car insurance companies label a vehicle a “total loss” when the cost to fix the vehicle to its pre-damaged state is more than the cost of the vehicle’s worth, or actual cash value (sometimes referred to as “fair market value”).

Is it stressful to have a car accident?

Car accidents are stressful enough without having to deal with proving to the other driver’s car insurance company that you weren’t at fault and are due reimbursement or compensation for accident-related costs.

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Initial Steps When Reporting An Incident

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Generally, you won’t deal directly with the other driver involved in the car accident. You’ll handle matters with your car insurance company and/or the other driver’s car insurance companywhen reporting an incident and going through the reimbursement process. In fact, the only time you should have to interact with th…
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The Role of Fault

  • The other driver’s car insurance claims adjuster will evaluate your claim and work to determine who was at fault. It’s easier and quicker to file a claim and receive compensation when the car accident was clearly not your fault. Remember: Collecting the proper information and evidence helps prove your innocence (see “Initial Steps When Reporting an Incident”above). However, if th…
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Reimbursement For Property Damage and Theft

  • Once your car insurance provider determines you weren’t at fault, the claims adjuster will begin evaluating property damage and theft reimbursement. This is where all those photos (or, at the least, written documentation) come in handy. Your documentation, along with the inspection of your vehicle, will help your claims adjuster determine compensation for your damages and loss. …
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Diminished Value

  • Depending on the insurance company and your state, you might be covered for your vehicle’s diminished value. Overall, the idea is to indemnify you—that is, to make you whole by paying for your damages—after a loss. Obviously, your car’s value diminishes after an accident. So, the claims adjuster will determine the value of your car and how much it will cost to repair it. While e…
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Total Loss

  • Generally, car insurance companies label a vehicle a “total loss” when the cost to fix the vehicle to its pre-damaged state is more than the cost of the vehicle’s worth, or actual cash value(sometimes referred to as “fair market value”). NOTE: During cases of theft, car insurance companies generally compensate you for the fair market value IF you have comprehensive cove…
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Reimbursement For Medical Costs

  • When you’re found to be NOT at fault, the other person’s car insurance policy pays for your medical costs; however, if the other person doesn’t have enough (or any) coverage—or the company refuses to pay—consider contacting a personal injury attorney. NOTE: Situations such as this are when it pays to purchase your own uninsured and underinsured policies.
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Deductibles

  • Depending on your situation and your insurance company, you might have to pay your insurance deductible before you’ll receive payment on your claim. However, if you’re found not at fault, you might be able to get your deductible back through subrogation. Simply put, subrogationmeans your auto insurance company gets recovers the money it paid you on your claim from the other …
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