Comparative fault, which divides responsibility for car crashes between the involved drivers, is one of the most common insurance company defenses in vehicle collision claims. Sometimes, the parties agree to divide liability in this way, as part of a negotiated settlement. This is especially true if the victim/plaintiff’s evidence is weak.
Usually, jurors listen to the evidence and divide liability between the parties. In a split liability agreement, the parties do so between themselves. So, if the parties divide liability 50-50, as is usually the case, the victim receives 50 percent injury compensation.
In one way or another, most civil claims settle out of court. Therefore, a Rock Hill car accident lawyer must know when to compromise and when to stand firm. Otherwise, the settlement might be unnecessarily delayed, or the victim might end up settling for less.
Medical bills are usually the largest component of economic losses. An injury-related hospital bill can skyrocket to up to $50,000. Property damage might be almost as significant, with a new car costing up to $25,000. Lost wages or lost productivity factor in as well.
The potential payout depends mostly on the facts of the case. Some other considerations include the insurance company’s legal defenses, if any, and the victim’s desire to settle quickly.
The Bottom Line
Noneconomic losses in an accident are more subjective. Most victims have a figure in mind when mediation begins. But usually, attorneys have a heart-to-heart talk with victims. Sometimes, it’s better to settle the case and move on. Other times, it’s better to fight for additional compensation. Only an attorney knows for sure.
Split liability agreements sometimes hasten car crash settlements. For a free consultation with an experienced Rock Hill personal injury attorney, contact the Elrod Pope Law Firm, P.A. Attorneys can connect victims with doctors, even if they have no insurance or money.
Why do most car wreck claims settle out of court?
These resolutions speed the outcome of the case and give the parties more control over the result. Oftentimes car accident settlements have varying timelines.
How does the judge apply the comparative fault defense?
South Carolina is a modified comparative fault state with a 51 percent bar. If the victim is more than 50 percent responsible for the wreck, the victim is ineligible for compensation.
Why should I see a doctor my lawyer recommends?
Car crash injuries, like whiplash, are hard to treat. So, victims need doctors who focus in such areas.