Damages and Compensation in Rear-End Accident Claims
It's natural after a rear-end car accident to want to know how much in compensation you may be owed.
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The valuation of your damages and determining the potential compensation entitled is a critical aspect of rear-end accident cases.
To calculate how much your rear-end accident claim is worth you should start by assessing the full extent of injuries sustained in the collision.
There is no one-size-fits-all settlement amount you can expect, as the details of every crash are unique, which is why you should sit down with an accident lawyer to find out what you're owed.
A compensation assessment consists of reviewing the economic and non-economic damages related to the accident.
The economic damages includes measurable costs such as medical bills, property damage, lost wages (present and future), and any future costs resulting from the injury.
These losses can all be calculated and itemized by collecting bills for medical treatment, paystubs, repairs, and estimates for future expenditures required.
Non-economic damages include subjective impact resulting from the injuries, including pain and suffering, emotional trauma, loss of consortium, etc.
The availability and amount of compensation for non-economic damages varies considerably by jurisdiction and unique case circumstances.
We know from experience, having reviewed thousands of rear-end accidents, that these collisions regularly involve neck and back injuries, which can result in long-term pain and require extensive treatment.
Neck injuries like whiplash are common when your vehicle is hit from behind, are very painful, and the non-economic impact should be considered in any serious settlement offer.
Back injuries, as well, can be disabling and extremely painful, and in some cases, can result in life-long chronic pain for the victim who was rear-ended.
Suffering a concussion injury is also common after being rear-ended, and these injury victims commonly require extensive time off from work and physical therapy and need to stay in a hospital overnight for observation, all of which can add up to a significant rear-end injury claim.
These are just three of the most common injuries we encounter with this type of collision, and the severity of the accident and vehicles involved play a large part in how extensive the injuries.
Each case involves it's unique factors, but any settlement amount calculation or projection of what a court may award you in a rear-end case will be based on your losses.
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How Rear-End Collision Settlements Are Calculated
To understand how much is a rear-end accident worth the unique circumstances of the accident and injuries must be reviewed. It is difficult to estimate how much a person can receive after falling victim to a rear-end accident, and the amount can fluctuate dramatically based on the case's unique circumstances.
Nobody can accurately predict your rear-end accident case value without first assessing the damages. On average, non-liable parties involved in rear-end cases can receive compensation for the following losses:
- Medical Bills: These include expenses incurred before filing a claim and can consist of hospital stays, surgeries, prescription costs, physiotherapy, and any other healthcare services required as a direct result of the accident.
- Medical Costs: All doctor-recommended healthcare costs and aids deemed needed to restore a person's original quality of life, including any treatments, medications, and physical therapies meant to restore a person to the quality of life to it's pre-accident state.
- Loss of Income: All lost wages and lost opportunities of the victim sustained for being unable to work due to injuries, they may be entitled to recover wages lost during the treatment and recovery period, including projected future earnings.
- Property Damage: Recompense ranging from repairs to restore the car involved in the accident to it's pre-accident state to recovery for any lost or damaged items in the car when the accident occurred.
- Pain and Suffering: Consideration for non-economic damages is calculated based on the severity of the physical pain and emotional distress suffered by the victim within the legal terms established by the state where the accident took place. It works on the basis that the higher the pain and suffering.
- Loss of Consortium: Consideration for loss of companionship due to injuries. It is usually claimed by the spouse of the injured person.
- Emotional Distress: If the accident results in psychological impacts such as anxiety, depression, and post-traumatic stress disorder (PTSD), claimed damages can include psychological treatment costs and compensation for the victim’s emotional suffering.
- Wrongful Death: For example, if a person dies in a fatal car accident, the surviving family members or estate (typically the spouse, children, or parents) can claim for funeral and burial expenses, loss of financial support and consortium, and emotional distress.
- Punitive Damages: These are damages awarded in cases of outrageous, reckless, or intentional conduct contributing to the accident. They are not meant to compensate the victim, but to punish the at-fault party.
Other Factors That Affect Compensation Amounts
The additional factors that can affect compensation amounts in a rear-end collision include:
- Negligence Matters: The negligence laws in the governing jurisdiction in a rear-end accident play an important part in determining value. In most rear-end collision cases, the motorist who hits the vehicle from behind is the at-fault driver. There are situations where both drivers may be found to share a degree of fault. In states that recognize contributive negligence, this can affect how much a rear-end accident is worth.
- Working with an Attorney: Is it getting an attorney worth it after a car accident? Accident victims who are represented by an experienced car accident attorney in most cases can maximize the value of their claim. Injury claims are complex matters, and the insurance companies will work to minimize what they must pay. An experienced rear-end accident lawyer will make sure you don't leave money on the table and increase the value of your claim.
- Insurance Coverage: The insurance policy and coverage of the liable driver can affect the value of a collision claim. If you were hit from behind by a commercial truck, for example, their commercial insurance policy can impact the value of a personal injury claim.
- Settlement Offers: Insurance companies don't always offer full and fair value after an accident. Before accepting a low settlement offer, confer with your attorney. It may be in your best interest to reject an unfair settlement offer and take your case and the liable party to court to obtain the full value you deserve.
What is a fair offer for a rear-end collision settlement?
Don't be rushed to accept the first settlement offer from the insurance company after a rear-end collision. It's a common tactic of the insurers to provide a quick low-ball offer that falls pitifully short of what you may be entitled. They hope to take advantage of the confusion and overwhelm that is inevitable after a serious accident involving personal injury. Don't feel pressured to settle for less than you deserve.