Why do you think people use the phrase “no two accidents are the same”? Well, it is likely because there are so many variables that need to be considered when determining an accident claim. This blog is Part One of a Two-Part series discussing five factors that contribute to the outcome of a claim following an auto accident.
There are multiple types of accidents that may occur and knowing what type of crash you were in is the first step in determining your next course of action. This is the time to bring a lawyer on board so that you have help from start to finish. The type of crash will be determined by how seriously you were injured. The following are types of common collisions:
The location of where an accident took place plays a significant role in how things might play out with a jury trial. As with most regions, some places are more conservative or have a more conservative jury pool and others are more liberal. The jurisdiction has an impact upon any settlement or verdict but is not the only factor considered.
While punitive damages are rarely awarded in automobile crash cases, it is possible for someone hurt in an automobile accident by another driver’s negligence to obtain punitive damages. There are, however, limits on the amount. With a punitive circumstance, you have a higher chance at a successful claim so long as your injuries are related and treatment is reasonable. The punitive facts of a case can be the difference between a settlement and also a trial.
Insurance companies won’t cover what might have happened unless there is evidence that you will need surgery. Even then, they will likely attempt to block you from any future expensive treatment. They will likely attempt to refuse coverage of your surgery so it is key you keep your options open with your provider.
This is also significant if you are pursuing an accident claim following an incident. Most states states enable you to add a claim for pain and suffering as part of your own damages, but it can be uncomfortable attaching a financial value to your own pain. Not to mention being one of the most difficult parts of the claim. Establishing a pain and suffering claim is far from easy as you can’t necessarily visualize pain. You can visualize signs of pain such as tenderness, but those are only reactions to what pain might feel like.
As you can see, there are many things that contribute claims determinations from an accident. Next week, we will discuss the role of insurance carriers in how determinations are made.