What Type of Car Accident Settlement Can I Expect?
An estimated 25-50 million people are injured in auto accidents each year. Many of the victims of these accidents are injured, and seek legal representation. At our office many of our clients ask “How much will my case settle for?” This is a very reasonable question and the answer depends on a few different factors. Knowing how case settlements are determined can help you determine what your case is likely to settle for. Here are some common factors that determine the settlement value of a Boston car crash case.
Liability refer to who is legally responsible for causing the crash. If you are 100% responsible for the crash, you will not get a settlement. If you are no greater than 50% at fault for the accident, then there is enough liability on the other driver to settle the case.
Generally, the more serious the injury, the higher the settlement. Cases involving soft tissue muscle strains and sprain injuries settle for much less than do cases involving broken bones. Also, if you had surgery for the injury, that also will increase how much the case can settle for.
Lost Wage and Loss of Earning Capacity
The amount of time you lost from work is also a factor that drives settlement value. For example, a low wage earner who loses time from work versus a high wage earner who loses work due to the accident, will have a higher amount of lost wages. The higher the lost wages from the accident, the higher the settlement. As well, if you have a loss of earning capacity in the future due to a permanent impairment or injury, this too will increase the value of the case.
Amount of Medical Bills
As with the injuries component of Massachusetts motor vehicle accident settlements, the higher the medical bills the higher the settlement. If there are any unpaid bills, they will be tacked onto the settlement offer which can increase the settlement.
If there are any Medicare, Mass Health, private health insurance or hospital liens, they must be paid out of the settlement. That means the liens can have the effect of increasing a settlement. Some liens, by law, are not perfected and therefore not enforceable. However, just because the lien is not enforceable does not mean the unpaid bill do not have to be paid.
Call the Law Office of Christopher Earley today if you had a car accident and want to know what the settlement value of your case is.