Everything to Know
About Car Accident Settlements
If you need lawyers to fight for you, look no further than Tadeo & Silva Law. We’re here to help you get the car accident settlements you deserve.
The Tadeo & Silva Law Firm is located at 3555 Koger Blvd, Suite 120, in Duluth, GA, 30096. You can contact us Monday through Friday from 9 AM to 6 PM.
Contact us today to schedule your consultation.
What Is the Car Accident Settlement in Duluth, GA?
When someone is injured in an automobile accident, their life is changed forever. Injuries sustained in car accidents can result in lost income, property damage, and expensive medical bills.
The impact of car accidents can range from death to disability to psychological trauma. You are entitled to compensation and a fair settlement, no matter your injury.
The car accident settlement is an agreement between the parties to resolve their claims. When the settlement is reached, the at-fault party compensates the injured individual. Although the payment is not an admission of guilt by either party, it does spare them the expense and time of a trial.
In most cases, car accident victims do not understand how car accident settlements work. So, finding the right car accident attorney is essential to successfully file a claim with an at-fault party or their insurance company.
The car accident lawyers at Tadeo & Silva Law can assess your case to get you fair compensation.
How Does an Average Car Accident Settlement Process Work?
Settlements are agreements between two parties to settle a dispute. In personal injury cases, a typical car accident settlement results in the payment of compensation for damages.
The amount of compensation is based on the severity of the injury and the losses suffered by the injured party. In most cases, settlements can be reached without trial, saving time and money.
In essence, settlements protect defendants from future legal claims from the same plaintiff. Conversely, a settlement ensures that the injured party receives compensation more quickly than if the case went to trial. Additionally, settlements give injured parties a sense of closure and justice.
Car accident settlements typically cover the following:
- Medical bills
- Lost wages
- Cost of the car repair shop expenses
- Pain and suffering damages
Auto Accident Settlement Process
You need to understand how the car accident settlement process works so you can seek the compensation you deserve. Here is how it works:
- File a police report: Start by calling the police and informing them about the accident and injuries.
- Inform your insurance company: File a claim with your insurance company regardless of who is at fault. It will help you in pursuing compensation.
- Gather evidence: Collect as much information and evidence as possible at the accident scene. Take photos and videos, and collect physical evidence and witness statements. Be sure to obtain the police report, vehicle repair invoices, and all accident injury records.
- Compile medical reports and bills: One of the most important things for a vehicle accident claim is seeking medical attention after the accident. Medical records will assist you in proving your injuries and their severity.
- Collect information on the at-fault driver: Get the name, phone number, and vehicle information of the at-fault driver.
- Contact a car accident attorney: Involve a personal injury lawyer to advise you on navigating the settlement process. They will help you understand the laws relating to your case.
- Send a demand letter to the at-fault driver’s insurance company: Send a demand letter to the at-fault party’s car insurance company detailing the facts of the accident and asking for a settlement. Ensure you request an amount commensurate with your suffering and losses and include supporting documents. Also, include a timeline for the insurance company’s response.
- Settlement negotiations: After the insurers have completed their investigation and determined liability, they will send a counteroffer. Both parties should reach an agreement to settle for a specific compensation settlement. It is best to consult an experienced car accident lawyer before accepting any settlement offer.
- File a Lawsuit: If you can’t resolve the car accident and reach a favorable settlement, you can institute a car accident lawsuit in court. There is a two-year statute of limitations for car accident lawsuits in Georgia and a four-year statute for personal property lawsuits.
Types of Injuries in Car Accident Settlement
Car accidents affect many people on the road, resulting in injuries and even fatalities in some cases. These are some of the most common injuries resulting from car accidents:
- Cuts and gashes
- Sprained wrists/ ankles
- Fractured bones
- Severe lacerations
- Internal organ damage
- Internal bleeding
- Spinal cord injuries
- Whiplash injuries
- Head injury
- Back and neck injuries
- Vision impairment
- Traumatic brain injuries
What Factors Affect Car Accident Settlements?
The key factors that influence the value of car accident settlement victims get are:
- The severity of your injuries
- Permanent injuries
- Property damages
- Nature of evidence
- Amount of medical expenses
- The amount of liability insurance coverage
- Comparative negligence and shared fault.
How to Determine Liability in Car Accident Claims
Georgia traffic laws follow an at-fault system when determining car accident liabilities. Thus, the party at fault for the car accident is the one who pays for injuries and damages, among other effects. Their insurance company covers the victim’s losses resulting from the accident.
How Can I Calculate Car Accident Settlements?
Car accident claims are not usually the same. Thus, insurance adjusters use a multiplier method to get an average settlement value. They multiply special damages by a multiplier reflecting general damages plus lost wages.
The factors affecting the amount of car accident compensation are as follows:
- The cost of your medical treatment.
- Future medical expenses and lost wages.
- The severity of damages from the accident.
- The length of the victim’s recovery period.
- Non-economic injuries, which include pain and suffering.
Can I Negotiate a Settlement Without an Attorney?
No law says you need an attorney to negotiate a car accident settlement. Representing yourself is only recommended for minor accidents.
Having a personal injury attorney can help you push for fair compensation in the following ways:
Negotiating for higher settlements after accurately assessing damages
Working with medical professionals and economists to determine your settlement amount
Proving liability on your behalf
Gathering official reports to serve as evidence of negligence
Reviewing insurance policies
Applying comparative negligence laws
Proposing legal action if the insurers don’t want to settle
Advising on how the statute of limitations affects your settlement.
Speak to a personal injury settlement attorney immediately rather than risk losing your injury claim or being undervalued.
Is It Better to Settle or Go to Trial?
The decision to settle or go to trial depends on the specifics of your car accident case. Settling is generally quicker, less stressful, and guarantees some form of compensation. However, settlement offers may not fully cover the costs of your damages and injuries, especially in severe cases.
On the other hand, going to trial can potentially yield higher compensation, but it’s also more time-consuming and costly, and the outcome is uncertain.
In most car accident claims, trying and negotiating a settlement is often advisable. This allows you to avoid the unpredictability and time commitment of a trial. However, taking the case to court can be viable if the at-fault party’s insurance company refuses to offer an appropriate settlement.
In either approach, having a personal injury attorney can significantly improve your chances of obtaining fair compensation. They can offer valuable advice on the strengths and weaknesses of your case, guide you through the complexities of the legal process, and aggressively advocate for your interests in settlement negotiations or court proceedings.
Remember, every car accident case is unique, and several factors can influence whether to settle or go to trial. Factors such as the severity of your injuries, evidence of liability, your financial needs, and your willingness to wait for a possible larger payout from a trial verdict are all considerations to factor into your decision.
Ultimately, the best course of action is to consult an experienced attorney who can provide personalized guidance and help you make an informed decision based on your circumstances.
Contact Tadeo & Silva Law to Help You File Your Car Accident Claim Today
Are you wondering how to get compensation after an auto accident in Duluth? Look no further since Tadeo & Silva accident attorneys are here to help. You can negotiate a fair settlement with our personal injury lawyers. We shall help you get the compensation you deserve to recover your losses.
Also, it can be overwhelming to determine where to go to get your car repaired. Our team will prepare a list of car repair shops in Duluth to help you choose. Contact us today to schedule a consultation.