Average Settlement for Rear-end Car Accident in Texas - How Much Can Victims Get?
Each auto collision is unique, but what makes them similar is that victims are often hurt, confused about what happened, and at a loss for what to do next. Car accident settlements will vary depending on different factors, so the affected parties should know as much as they can about the process.
In this article, victims will learn more about settlements, how they work, and the factors that can affect how much they get.
What Is a Settlement?
When someone is in a car accident, a few things can happen. On one hand, they might be in that situation due to unfortunate and unpredictable circumstances, for example, poor weather or other similar issues.
However, sometimes, negligent people are driving recklessly or doing things they shouldn't while they're on the road. If this happens, others might pay the price for it.
Victims of a car accident often have to pay multiple medical bills, doctor's appointments, and many other things due to what they're going through. Nonetheless, if they're not at fault, and they've been hurt by someone else's negligent actions, the law protects them.
When it comes to the law, a settlement is the amount of money the victim receives to "settle" the case. In other words, they get financial compensation for what they're going through. Schuerger Shunnarah Trial Attorneys can give more information on the average settlement for shoulder injury car accident Texas.
Although not every case settles, most of them do because it's the alternative to go for before going to trial. Therefore, it's much less of a hassle, and it allows the person to continue with their life and focus on their recovery.
Collecting the Information
When a victim is looking to get a Texas auto accident settlement, they should hire a specialized lawyer. These experts will help them in every stage of the process and guarantee they're not going through it alone, thus allowing them to concentrate on their well-being while they take care of the legal aspects.
To get a car accident settlement, the person will have to provide the attorney with as much information as they can on what happened. At the same time, the lawyer will probably try to get witness testimony or statements, police reports, videos, pictures, and any other piece of information that could help them prove their case.
Victims of car accidents should be able to focus on getting better without worrying about what they'll do if they go to court. Therefore, lawyers facilitate the process by handling all the legal aspects of it.
The treatment phase consists of the person focusing on improving. While they do that, lawyers will collect the information, organize it, do research on the best ways to defend their clients, and file a lawsuit.
Car accident claims often require a lot from lawyers because they have to come up with the best strategies to defend their clients. They must prove that the person's life changed due to the accident, and they need to guarantee that victims get the best settlement possible.
Therefore, when a victim hires a car accident lawyer, the expert will give them as much attention as they can. They'll fiercely defend them and ensure the process is stress-free.
Gathering Bills and Documents
While the victim is recovering from the car accident, they should report back to their personal injury lawyer and send them any bills or documents from their doctor's appointments.
Furthermore, the car accident lawyer can reach out to clinics and hospitals too and get access to the medical records that the victim can't access. All these documents will allow them to put together a strong case.
Once the personal injury lawyer puts together the case, they'll start negotiating with the negligent party and the insurer.
The goal of the attorney is to get as much money as possible from the car accident claim because they want to ensure the victim's well-being.
Expert car accident lawyers understand that when someone is going for a Texas auto accident settlement, it means they're in pain and are also suffering the consequences of having been in that catastrophic situation. Therefore, they will never settle for anything less than what the victim deserves.
Moreover, if the person is in a rear-end accident, the case might even be faster because the evidence will probably favor them. Even so, lawyers won't stop until they ensure justice is served.
Factors That Affect a Rear-end Car Accident Settlement Amount
The amount of money a person gets for a Texas car accident settlement will depend on many factors, including the severity of their injuries, their prospects for the future, whether or not there were substances involved, and more.
If someone has to deal with lost wages and a diminished earning capacity, for example, it means their future will change due to the accident they were in. Therefore, they might be entitled to more money than a different victim, for example, one who only broke an arm in their vehicle crash.
Other Factors That Influence Car Accident Settlements in Texas
As the article mentioned, car accidents are complex, and many factors affect how much the insurance company pays for them. Here are some of the most common ones insurers and lawyers might consider:
The Severity of the Impact
Some rear-end accident cases only cause the person to get a few scratches or bruises. However, others are much more catastrophic, as they result in severe injuries and cause serious damage to the person's vehicle.
A rear-end accident will vary, so determining the severity of its impact is a primary factor lawyers must consider when figuring out how much they can get for the victim.
People at Fault
In Texas, there is a comparative fault model. Therefore, lawyers and insurers must determine who is at fault before deciding how much the person gets.
If the victim shares half of the fault, for instance, they might receive a smaller payout. Nonetheless, in many cases, the negligent party is the sole responsible, which is why getting a lawyer's help is crucial - they can ensure the irresponsible person gets the justice they deserve.
According to Texas law, all drivers must carry insurance. However, if someone is in a serious car accident, it might not be enough to cover all the damages.
People shouldn't try to figure out the entire process on their own. Instead, they should contact a lawyer, tell them about the accident, and let them help. Attorneys will calm the victim's fears and tell them everything they need to know to make the best short and long-term decisions.
Most auto drivers have a personal car accident policy. However, if the negligent party was driving a truck, a bus, or any other commercial vehicle, they have much bigger policy limits.
Although policy limits are bigger in those cases, so are damages. Therefore, victims should focus on their recovery while letting attorneys do their job.
The state of Texas offers drivers uninsured and underinsured policies, but sometimes, people refuse them. Consequently, the at-fault party might not have coverage at all.
If the negligent person has no source of compensation, the case might become more complex than it already is. Victims must be patient during the process and let lawyers handle the situation.
Unfortunately, some rear-end accident cases are complex and involve multiple victims. When that happens, insurance coverage might not be enough for everyone.
Although these car accident claims don't happen every day, victims should still know about them because if they're in a similar situation, they might get less money.
In Texas, punitive damages are allowed if the lawyer can prove the person was very negligent, committed fraud, or acted in malice.
When victims get awarded punitive damages, they often get a lot more money because they consist of doubling the amount for economic damages and a specific amount for non-economic ones.
Even pedestrians can be held liable in some cases, which is why proving liability is so challenging when it comes to any type of car accident.
The insurance company will fight to make sure they pay as little as possible. Therefore, if the victim was in a rear-end accident, they should work with their attorney to guarantee they prove the other party is liable.
Lastly, the severity of the injuries will have a lot to do with how much the person gets for their car accident settlement.
If the other driver is at fault, victims will most likely get a higher payout if their car accident injuries are severe.
At the same time, the number of injuries can also affect the decision of the insurance company when it comes to a settlement, but not in the way some victims might believe. The saying "the more, the merrier" does not apply to these cases.
If a victim, for instance, has a traumatic brain injury, they might be entitled to a much higher car accident compensation than someone who had multiple but mild bruises.
What doctors say will be crucial when determining the severity of a victim's car accident injuries. It's why lawyers need their reports and records - they'll use them as evidence.
Factors That Can Diminish an Average Car Accident Settlement
Negotiating with an insurance company is very challenging, especially because each rear-end car accident is unique.
While some factors will benefit victims and allow them to receive a higher payout, others could hinder their results. Here are some of the most crucial aspects to consider:
When it comes to a Texas car accident settlement, the amount a person gets can change if they're diagnosed with any conditions that got worse due to the crash.
Even though it's unfair, the at-fault party could argue that they're not responsible for the victim's injuries or medical treatment because they were diagnosed before the accident.
Victims need to maintain records of what happened to them and the consequences of it. They should provide the lawyer with medical bills, proof of lost wages, doctor's appointments, prescription bills, and more.
When victims don't have enough documents, their claims will be weaker, and the insurance company might refuse to give them a higher payout.
To ensure that doesn't happen, they should save any piece of information that will help them support their claim, including photographs, receipts, and videos. Lawyers will put that together and guarantee they get the best results possible when negotiating with the insurance company.
Delaying Medical Treatment
The victim of a rear-end accident should seek medical help immediately after being in the crash. It will increase their chance of getting better faster, and it will also help their case.
If the victim doesn't seek help until much later after the rear-end accident, the at-fault party might question it. They could argue that the person didn't sustain the injuries in the accident.
Therefore, the victim needs to seek treatment and save their medical bills throughout the process if they want to link their injuries to the rear-end accident.
How to Calculate Accident Damages
Sometimes, when a rear-end collision happens, insurance companies will try to settle quickly in hopes that the claimant will take the first offer they give them.
However, victims should be very careful. The truth is that in most cases, the initial offer is very low and won't be enough to cover all the consequences of the rear-end accident.
If the victim hasn't hired a qualified lawyer to protect their interests, they might be unable to guarantee insurers are treating them fairly.
Victims of a rear-end collision should trust lawyers because they're the best experts to help them during this process. They'll calculate their past, present, and future losses, and ensure their compensation includes every important factor, such as the following:
Appointments and hospitalization
Loss of income
Testing and diagnostics
Medical expenses for assistive equipment, surgery, or medication
Diminished earning capacity
Pain and suffering
Emotional distress or mental anguish
Replacement or repairs for property damage
Loss of enjoyment of life
Who Negotiates with the Insurance Company?
If victims don't hire a lawyer for their rear-end accident case, they'll be the ones who will have to negotiate with the insurers.
Victims often don't have the legal knowledge to care for themselves. At the same time, they're probably in pain and confused after the crash, so the process will be much more challenging if they try to do it alone.
Instead, the lawyer should be the one to manage things for them. They'll organize the evidence they have and put together a strong case. Then, they will present it to the insurers and fiercely defend their clients until they get the best settlement amount possible.
Who Is at Fault?
Rear-end accidents can be brutal, and in many cases, victims might sustain severe injuries that hinder their capacity to engage in their regular activities. In addition, these issues could last a lifetime.
Considering that a car accident victim will have to go through a lot and their life will change forever, it's only fair that the negligent party pays for what they did.
Texas is an at-fault state, so the victim can approach the negligent party to get an auto accident settlement and claim damages.
If the responsible party refuses to pay, the victim can file a Texas car accident claim to get compensation for what they've been through, which includes all types of damages (physical, financial, and emotional).
Should Victims Hire a Lawyer?
As the article pointed out, victims should always hire a lawyer if they want to get a fair auto accident settlement.
There are thousands of vehicle crashes every day, and insurance companies will play in favor of their clients. Therefore, they'll never offer the highest amount possible when it comes to car accident settlements. Instead, they'll try to give them as little as they can.
The at-fault driver should pay for what they did, and they must take responsibility for the impact their actions had on the other person's life. After an auto accident, victims might be unable to play with their children, go back to work, enjoy their hobbies, lose money, and much more.
Consequently, the responsible party must give them the settlement amount they deserve for the pain and suffering they're going through. It won't change what happened, but it might allow them to go back to a somewhat normal life.
Schuerger Shunnarah Can Help People in Need
At Schuerger Shunnarah, lawyers are ready to help clients in need and guide them through the legal process of filing a claim and getting a settlement for their auto accident. They can also answer questions like Who is at fault in a rear-end collision in Texas?
Attorneys understand that dealing with the at-fault driver and their insurance company might be very stressful. Moreover, they know victims are already in pain, confused, and worried about what happened. They might be thinking about their future, too, especially when it comes to expenses.
Therefore, lawyers at Schuerger Shunnarah have a motto: "We go to war for you." They're ready to passionately defend their clients and ensure the highest settlement amount possible. Any person in need should contact the firm now!