Guardian Accident & Injury Lawyers | September 23, 2024 | Car Accident
Car accidents can cause significant physical, emotional, and financial challenges. If you or a loved one have been involved in a car accident in Sandy Springs, you may be considering whether to pursue a personal injury claim for compensation.
Many car accident claims settle out of court. This begs the question of how much you can expect from a potential car accident settlement. The answer varies by case but is heavily influenced by nine factors. The Sandy Springs car accident lawyer can help you evaluate how each may apply to your case.
These factors include:
1. Severity of Injuries
The severity of your injuries is one of the most significant factors in determining the value of a potential car accident settlement. More severe injuries typically result in higher medical bills, longer recovery times, and more significant pain and suffering. Injuries that require surgery and rehabilitation or cause permanent disability can also increase the settlement value. These damages can all increase the amount of a settlement.
2. Medical Expenses
Medical expenses are a critical component of any car accident settlement. Medical bills due to a car accident can easily exceed tens of thousands of dollars. Expenses for emergency room visits, hospital stays, surgeries, prescriptions, and other current or future medical care add up quickly and typically correlate with the value of a potential settlement. It is recommended to keep detailed records of all medical treatments and expenses after a car accident so you can prove these costs.
3. Lost Wages and Diminished Earning Capacity
Injuries in a car accident may prevent you from working, either temporarily or permanently. You may be entitled to compensation for lost wages during that time. This includes income you lose due to your inability to work and future income you may lose if you cannot return to your previous job. This includes many forms of compensation, such as wages, salaries, bonuses, and other benefits you would have otherwise received.
Your settlement value will factor in your total lost wages and diminished earnings. Injuries that keep you out of work for months generally command larger settlements than those that keep you away for days.
4. Pain and Suffering
Pain and suffering is a major component of serious car accident claims. It refers to the physical pain and emotional distress that accidents and injuries may cause. Unfortunately, it is not as easy to calculate as medical expenses or lost wages.
Georgia has no specific formula for calculating pain and suffering damages. Several factors will likely be weighed, including the severity of your injuries, the length of your recovery, and the impact of your car accident on your life. Pain and suffering can significantly increase the overall value of your settlement, especially if you have serious injuries or permanent disability.
5. Degree of Fault
You may share some responsibility for your car accident. This can directly impact how much you may expect from a potential settlement due to Georgia’s modified comparative negligence rule, which states that your compensation after an accident may be reduced proportionally by your share of fault. For example, if you are found to be 20 percent at fault and the total settlement is $100,000, your compensation would be reduced to $80,000.
In addition, if you are found to be 50 percent or more at fault, you are generally barred from seeking compensation entirely. This makes comparative fault contentious in settlement negotiations, but an experienced Sandy Springs car accident lawyer can advocate on your behalf.
6. Insurance Policy Limits
Most car accident claims settle with insurance companies. If you are pursuing a claim through an insurance company, the available policy limits can significantly impact a potential settlement’s value. In Georgia, state law requires minimum liability coverage of just $25,000 per person for bodily injury and $50,000 per accident. This may not be enough to fully compensate you after a severe accident unless a driver has higher limits, which could make more funds available.
You may need to explore other options for compensation if your damages exceed the available policy limits. This could include filing a claim through uninsured/underinsured motorist coverage under your own auto policy or filing a personal lawsuit in court against the at-fault driver.
7. Property Damage
Property damage is often less significant than medical expenses or lost wages from a car accident. However, it is still an important factor in how much you can expect from a Sandy Springs car accident settlement. Costs for repairing or replacing your vehicle or other personal property damaged in the accident are generally factored into potential settlements. The greater your personal property damage, the more you can negotiate for.
8. Pre-Existing Conditions
Many people have prior injuries or conditions that may be aggravated in a car accident. Insurance companies may try to argue that these injuries were not solely caused by your accident but instead a pre-existing condition. However, under Georgia law, you are entitled to compensation for the aggravation of a pre-existing condition if the accident caused your condition to worsen. Providing medical records documenting the difference in your health before and after the accident can help counter these arguments.
9. Strength of the Evidence
The strength and quality of the evidence you present can significantly influence the settlement amount. Evidence that establishes fault for the accident and proves your damages is particularly important.
Evidence includes:
- Car accident reports
- Witness statements
- Medical records
- Expert testimony
- Photographs or videos of the accident scene
The more compelling your evidence, the stronger your case may be when negotiating a settlement.
A Sandy Springs Personal Injury Lawyer Can Help You Determine What To Expect From a Settlement
Determining how much to expect from a sandy Springs car accident settlement depends on various factors. Each plays a different role in the amount you may receive. If you or a loved one has been involved in a car accident in Sandy Springs, a car accident lawyer can help you weigh how the most common factors may impact a potential settlement. Schedule a free consultation to speak with an experienced car accident lawyer today.
Contact the Sandy Springs Car Accident Lawyers at Guardian Accident & Injury Lawyers Today
If you were involved in an accident that was someone else’s fault, you could be entitled to financial compensation. Payment for your damages will often come in the form of a settlement. A Sandy Springs personal injury lawyer can guide you through the settlement process from the start of your claim to the day you receive your settlement check.
For more information, please contact an experienced personal injury lawyer at Guardian Accident & Injury Lawyers to schedule a free initial consultation today.
We proudly serve Sandy Springs in Fulton County and Clayton County, GA, and its surrounding areas:
Guardian Accident & Injury Lawyers – Sandy Springs
200 Sandy Springs Place NE, Atlanta, GA 30328
Open 24 Hours
(404) 255-9000