If you have been injured in a car accident caused by someone else’s negligence, you can file a claim against them for damages. The vast majority of these cases settle outside of the courtroom, and it is natural to wonder how much you will receive in your settlement. Truthfully, there is no such thing as an ‘average’ car accident settlement. In Baton Rouge, car accident settlements range from $5,000 to $100,000. The range is so wide because there are a number of factors that impact these settlements. Below, our Baton Rouge car accident lawyer explains what these are.
The Severity of Your Injuries
The most influential factor in any car accident settlement is the severity of your injuries. Injuries that are more severe typically result in more medical expenses, longer recovery times that require you to take more time off work, and a greater impact on your overall quality of life. All of these can increase the amount of your settlement. Additionally, if you suffered a permanent disability, you can also recover damages for this. These injuries can also result in a need to modify your home or vehicle, which will also generate a higher settlement.
Medical Expenses
Medical expenses also make up a large portion of car accident settlement amounts. Your medical expenses include any surgeries, emergency room visits, hospital stays, prescription medications, physical therapy, and more. You can also include your current medical expenses, along with any future medical expenses you may incur. To obtain the full medical expenses you deserve, it is important to document all appointments and keep all invoices and bills. Also, follow through with all medical recommendations, as failing to do so could negatively impact your settlement.
Lost Income
There is a good chance that you will need to miss work for a period after your car accident. You can include any lost income in your claim as well as lost vacation pay, sick pay, and employment benefits. Like your medical expenses, you can include any current lost wages, as well as any lost future income. Additionally, if you cannot return to the same line of work in the future, you can also claim a reduced earning capacity to make up the difference between what you used to make and what you currently make.
Pain and Suffering
Not all injuries sustained in car accidents are visible. The physical injuries you suffer will result in a great deal of pain and emotional distress. You may not be able to enjoy the things you once did, and you may also not be able to perform even the simplest of tasks. You can recover these losses in your car accident claim by including damages for pain and suffering.
Pure Comparative Fault Law
Car accident claims in Baton Rouge and throughout Louisiana are governed by a pure comparative fault law. This means that even if you are 99% at fault for a crash, you can still file a claim for damages. However, any damages you are awarded will be reduced by the same percentage of fault. For example, if you were awarded $100,000 in damages but you were found 20 percent at fault for the crash, you would ultimately receive $80,000.
Limits on Insurance Policies
Insurers are only responsible for paying up to the limits of a policy, and so, this is the maximum amount you can claim. This is one reason it is so important to identify all liable parties. For example, after an accident involving a tractor-trailer, the truck driver may be at fault. If the trucker is an employee, the trucking company they work for may also be found liable. By filing a claim against both the trucker and the trucking company, you can receive damages from two insurance policies with two different levels and obtain the full compensation you deserve.
Our Car Accident Lawyer in Baton Rouge Can Help You Claim Maximum Damages
While there is no such thing as an average car accident settlement, there are certain things you can do to maximize your claim. At Big River Trial Attorneys, our Baton Rouge car accident lawyer can advise on what these are and negotiate with the insurance company on your behalf so you obtain the full and fair settlement you are entitled to. Call us now at (225) 963-9638 or fill out our online form to schedule a free consultation with our experienced attorney and to learn more about how we can help with your case.
