If you must pursue a claim against a negligent driver who caused your injuries, you want to know how much you can receive in settlement. It can be frustrating to learn that there is no set formula for determining the exact worth of your case. However, certain factors can increase—or decrease—the amount of compensation you receive.
Important Factors That Could Influence Your Bottom Line Settlement
Many variables will come into play in your attorney’s analysis of what your case is worth and the amount he is able to negotiate for you in a settlement with the negligent driver’s insurance company. However, these four factors are often important in determining the outcome of your case:
- Consistency in your statements. You will be telling your version of how the accident happened at various times in the claims process. This starts when you give a statement to the police officer at the accident scene. If your statements are relatively consistent about what occurred throughout, you will appear as a more credible witness and not give the insurance company ammunition to poke holes in your story—potentially increasing the amount of your settlement.
- Evidence of the other driver’s negligence. When the other driver’s fault is not disputed or is more clear-cut, such as in a rear-end collision or if the driver was texting, this can increase the likelihood of a higher settlement because there is less for the insurance adjuster to argue about.
- Doctor’s report supports your injuries. If your treating physician’s medical records and reports support your complaints regarding your injuries, this will help your case. When the report and tests do not support your claims of pain, the insurance adjuster could believe that you are exaggerating your injuries and your right to compensation.
- Your activities are consistent with your injuries. Consistency throughout your case is important, including that the activities you do after the wreck are consistent with the injuries you claim to have suffered. You should expect the insurance company to engage in surveillance at some points in your case. If they catch you doing activities that you should not be able to do, this could negatively impact on your attorney’s ability to obtain a favorable settlement for you.
An experienced attorney can advise you of the factors in your case that will help—or hurt—your ability to obtain all the compensation you deserve. If you or a loved one was injured in an accident caused by a negligent driver contact us online or call us directly at 817.380.4888 to schedule your free, no-obligation consultation.
The Hart Law Firm is proud to represent car accident victims throughout Texas including Colleyville, Hurst, Euless, Arlington, Irving, Bedford and North Richland.