The Five Most Important Factors Impacting Your Auto Accident Settlement
Michael Babboni
Car Accidents
After a car accident, you will have to file a claim to receive a settlement for your damages. Regardless of what your damages actually cost, there are several things that will impact the value of your settlement. These factors can increase the value and decrease the value depending on the circumstances and the actions you take following the crash. When trying to understand what your accident claim is worth, you need to consider these factors. Here are the five most important factors that could impact your auto settlement.Florida’s State Laws:
Florida is a comparative fault state, also sometimes called a “no fault” state. That means after an accident insurance companies and courts look at the entire circumstance of the accident and assign fault based on percentages. For example, if a driver runs a red light and hits you, but you were speeding, the fault may be split 50/50 between you and the other driver as you were both disobeying traffic laws. Depending on the percentage of fault, that will be deducted from your settlement. So say your settlement is worth $10,000, but the courts find you were 20% at fault, you will only receive 80% or $8,000 dollars for your claim.
The Evidence Supporting Fault:
The comparative fault system makes it critical that you have strong evidence supporting fault of the accident. This evidence can be anything from eyewitness testimony to a police report to the type of damage present on both of your vehicles. The more evidence you can present that the other driver was at fault the better. Also, the stronger the evidence the better. For example, there is no denying video footage but witness testimony may be treated as less reliable.
The Severity Of Your Injuries:
It goes without saying, the more severe your injuries from the accident, the higher your settlement. With most minor accidents, your injuries will be covered by personal injury protection (PIP) which the maximum is $10,000. However, if your injuries are considered a “serious injury” they will go outside of the PIP max. Serious injuries are defined as either:
● A permanent injury;
● Caused significant disfigurement; or
● Caused a significant and permanent loss of bodily function
In the case of serious injury, your settlement will be dependent on the specific details of your medical records.
The Accuracy Of Your Medical Records:
Good medical records that connect your injuries to the accident are vital to determining your settlement. The more comprehensive they are the more likely you will achieve a higher settlement. They need to include not only the care to date and all the associated costs, but a projection of future treatments and other long terms costs like physical therapy, prescriptions, and the impact on your day to day life. The more detailed and more accurate your medical records, the better.
What You Did Following The Accident:
If you went immediately to the doctor after the accident, you will be much more likely to get a higher settlement. An immediate doctor visit, followed by a diagnosis will connect the accident to your injuries. On top of medical treatment, there are other things that can impact your settlement including:
● What evidence you could collect at the scene of the accident
● Whether or not you filed a police report
● When you talked to the insurance company and what you said
● Hired an auto accident attorney
Each of these actions you take can either positively or negatively impact your settlement.
With so many factors impacting your settlement, it’s important that you work with someone who truly understands the process. Someone like Michael Babboni and the other attorneys at Shapiro, Goldman, Babboni, and Walsh who have over 30 years each of defending accident victims and helping them get a fair settlement to cover their injuries.