How much you can expect to receive in a car accident lawsuit settlement that involves a neck injury depends on several factors. It is important to remember that the accident settlement process begins at the time of the accident and does not end until you receive compensation for your injuries or in a worst case scenario, when a final determination is made. There is a process that is involved in determining how much car accident lawsuit settlement an injured party will receive.
How the Accident Affects the Life of the Injured Party
One of the most important factors in a car accident lawsuit settlement is showing how the accident has affected the life of the injured party. In order to substantiate any claims, the following evidence must be presented to the attorney handling the case:
- How the accident happened including all supporting documentation such as the police report, statements from witnesses and photographs.
- Documented medical records that provide information about your injuries, how you were treated and the extent of your recovery.
- Present any evidence of medical expenses you incurred as a result of the accident.
- Providing supporting documentation for loss of income you incurred because of the accident.
- Documentation of any other financial losses caused by the accident.
- Documentation supporting your pain and suffering.
Determining Settlement Value
Insurance companies use three different methods to estimate the value of a car accident lawsuit claim:
- Colossus, a software program some of the larger insurance company use to calculate car accident settlements for small to mid-sized claims
- Multiple of Specials is a formula insurance companies use that involves adding together all of the damage claims and by choosing a multiple between 1-1/2 and 4 to determine a fair settlement for medical expenses, loss of income and pain and suffering.
- Per Diem involves assigning a daily, weekly or monthly value to your pain and suffering in addition to the amount the insurance company assigns to the specials category.
Unfortunately the above formulas do not work in states with no-fault insurance laws which only cover actual damages. In those states you may wish to consult with an attorney in order to assess whether you have a legal right to file a lawsuit against the person responsible for the accident. You will want to choose someone who is experienced in car accident lawsuit settlements.