Top 25 Factors That Can Affect a Car Accident Settlement

January 12, 2021

After a car accident leaves you with injuries and damages that weren’t your fault, you could choose to file a claim against the person or party responsible for your damages. Hiring a car accident lawyer to represent you by fully investigating what happened and building a strong case would benefit you and ensure that you don’t have to take on the legal process alone. If your crash happened in Kalamazoo or SW Michigan, then Gergley Law Offices, P.C. would be able to take your case and help you get the compensation that you deserve.

Those injuries and damages that you incurred from the accident are the foundation of your car accident claim and why you’re seeking compensation, but there are many other factors that go into how much a full and fair settlement would be for you. Let’s take a look at the top 25 factors that can affect your car accident settlement.

Who Was at Fault?
Fault is one of the most important aspects of your car accident claim. Your case will hinge upon proving the responsible party’s negligence, or anything else they did that caused the accident. Here are some factors regarding fault that can affect your car accident settlement amount:

  • What percentage was the other party at fault?
  • Was the at-fault party drinking or on drugs?
  • What percentage, if any, were you at fault?
  • Is the party at fault a person or an entity, like a company?
  • Did a defective product cause the accident?
What Actions Were Taken?
Immediately after an accident, there are some key things that should be done in order to get everyone the help that they need, or so that you can gather evidence to help prove what happened. When you follow the proper steps in reporting an accident and getting medical care, it makes your case stronger. When you don’t take any action immediately following your accident, however, it can lessen your settlement amount.

Here are some factors from right after an accident happens that can affect your settlement amount:
  • Were emergency services called so that police could arrive on the scene?
  • Did the police make a report of the scene?
  • Did you ask any witnesses for their information to give a testimony about what they saw?
  • Did you speak objectively to the police?
  • Did you take photos of the scene?
  • Did you seek medical attention?
  • Did you follow your doctor’s treatment plan?
  • Did you seek mental health services for emotional injuries?
  • Did you file an insurance claim?
What Costs Did You Incur?
The bulk of the calculation of your settlement amount focuses on the costs that the accident directly caused for you. If you suffered from an injury and went to the hospital, or got property damage repaired, you should keep the receipts and paperwork so that you have proof of those costs. Your car accident lawyer will compile all of your bills, costs, and lost wages to figure out what a full and fair settlement would be for you.

Here are some of the different financial factors that will affect your settlement:
  • Do you have copies of your medical bills?
  • Did you attend all of your doctors’ visits and keep the bill from them?
  • Did you fill and refill your prescription?
  • Are you permanently or partially disabled from the injury?
  • Do you have the receipt from fixing any property damage?
  • Have you been missing work because of your injury?
  • Do you have people, other than yourself, to support financially?
Other Factors That Affect Your Settlement
Every aspect of your life prior to the accident, and every choice you made after the accident has the potential to affect your case and your subsequent settlement from the claim. Here are some of the other factors that can affect your settlement from your car accident claim:
  • Are you married?
  • Do you have children or other dependents?
  • Do you have car insurance and uninsured motorist coverage?
  • Did you hire a car accident lawyer?
Hire Gergley Law Offices, P.C. to Represent You
When you’ve been involved in a car accident that wasn’t your fault, and you incurred injuries that require medical treatment, or damages that need to be repaired, you shouldn’t be responsible for paying those costs. That’s why hiring a Kalamazoo/SW Michigan car accident attorney from Gergley Law Offices, P.C. will benefit you.

With our legal help, you’ll be able to feel confident in your case. We’ll handle the legal side of things so you can focus on what matters—healing and getting back to your normal life.Contact us today so we can start discussing your potential claim.

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