Text Us!

Car Accident Victim Compensation: How Does It Work?

Posted on

Most civil claims settle out of court. In fact, fewer than 5 percent of car wreck cases go to trial nowadays. These resolutions are usually good for victims/plaintiffs. Out-of-court settlements end cases earlier and give the victim more control over the outcome. However, as outlined below, most car wreck claims do not settle quickly.

A Lancaster car accident lawyer starts the settlement process by preparing as if the case will go to trial. This means collecting evidence which supports your claim and using the proper legal theory to glue this evidence together. The end result of this sometimes-long process is usually fair compensation for your serious injuries.

Determining the Settlement Value

Compensation in a vehicle wreck claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Economic losses may seem straightforward. But that’s not always the case. For example, assume Jim’s medical bills are $20,000. Jim’s attorney negotiates with his doctor and reduces the bill to $18,000. Because of South Carolina’s collateral source rule, Jim is probably entitled to $20,000 for his medical expenses.

The calculation must also factor both current and future medical expenses. If an attorney settles a claim too early, the victim might be financially responsible for any future medical bills.

Obtaining Fair Compensation

If the case is relatively simple, the insurance company might have a legal duty to settle the claim within a few weeks.

But most car wreck cases are rather complex. One of several legal doctrines could cloud the liability issue. Therefore, most car crash claims settle during mediation, which occurs later in the process.

A third-party mediator meets with both sides, listens to brief opening arguments, then transmits settlement offers back and forth between them. If both sides negotiate in good faith, which is their legal duty, mediation is normally successful.

Car accident victims are entitled to significant compensation. For a free consultation with an experienced personal injury attorney in Lancaster, contact the Elrod Pope Law Firm, P.A. We do not charge upfront legal fees in these matters.

FAQ

How does a lawyer win a car wreck case?

Evidence, such as medical bills and witness statements, is usually critical in a car wreck claim.

Is the at-fault driver financially responsible for damages?

Not usually. The driver’s insurance company or a third party, such as the driver’s employer, usually pays.

What’s the point of damages in a car crash case? Wasn’t the wreck an accident?

The crash might have been a mistake, but we must all accept responsibility for our mistakes.

Get in touch with us today to get started with your FREE case review. We’re only a call, click, or short drive away.

*Disclaimer* The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.

Any information sent to The Firm by Internet e-mail or through the Website is not secure and is done so on a non-confidential basis. Transmission of information from this Website does not create an attorney-client relationship between you and The Firm, nor is it intended to do so. The transmission of the Website, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client relationship between us and any recipients.

Some links within the Website may lead to other web-sites, including those operated and maintained by third parties. The Firm includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Furthermore, The Firm does not wish to represent anyone desiring representation based upon viewing this Website in a state where this Website fails to comply with all laws and ethical rules of that state.

E-production, distribution, republication, and/or retransmission of material contained within The Firm Website is prohibited unless the prior written permission of The Firm has been obtained.

Any results achieved on behalf of one client do not necessarily indicate similar results can be obtained for other clients.

Fee Disclosure: If your case is taken on by the firm, the fee arrangement will be a percentage of the final value of the case as follows: up to 40% for litigation, 35% for pre-litigation, and 33% for workers comp. This calculation will be done before the deduction of expenses. Additionally, the client will be responsible for the expenses resulting from the case.