How Much to Expect from a Car Accident Settlement

While you are dealing with hospital bills, insurance claims, and trying to find a new car or repair the one that was damaged in the accident, you probably feel overwhelmed by the whole situation. You may well want to know how much to expect from a car accident settlement if this is the situation you’re in.

Finances are a burden when you’ve got a ton of paperwork that you don’t understand, signing every highlighted line and hoping your lawyer was doing his best work when getting you financial reward after a motor accident. As difficult as everything seems, taking a step back and examining everything a little more slowly can provide you with some clarity that will help you know just how much you are entitled to after your accident.

Average Settlement Amounts for Auto Accidents

Determining average settlements is no easy task, as every case is unique. There is, however, a basic guideline to expect, depending on various circumstances.

  • $10k – $25k for minor injuries
  • $50k – $75k for injuries that are long-lasting and require surgery or physical therapy
  • $75k – $100k for spinal injuries
  • $100k – $250k for brain injuries

Settlements for debilitating injuries such as severe brain injuries or paralysis which require daily assistance can increase the compensation paid after a car accident to hundreds of thousands or even millions.

There are some insurance policies, however, which have limits. The other driver may have had insurance, but it is possible that their company will not compensate the full amount because of their limit. If your settlement is worth $20k, you may only receive compensation after an auto accident of up to $10k. For the other portion of the money, you will have to directly sue the other person.

How Much to Expect from a Car Accident Settlement

Factors Which Affect Your Car Accident Settlement’s Worth

The compensation after a car crash can vary based on several factors. Depending on who was harmed in the accident, the damage the vehicle received, whether you sustained physical and permanent injuries or you experienced further suffering after the event, and your medical bills all impact the settlement you could receive. Indeed often people are under the misapprehension that a settlement will only cover your vehicle’s damage, and indeed you do stand to win a higher settlement because of longer-lasting injuries or the missed wages you had to face on account of your recovery period and indeed the property damage sustained.

How Much Can I Get for Whiplash?

When it comes to car accidents, whiplash is a very common injury. Due to the delayed symptoms and perhaps the difficulty in documenting them, making a claim for whiplash could prove tricky. To ensure that you receive the settlement you deserve, you have to document your symptoms as best you can before suing and have a carefully documented medical record. Your personal injury lawyer and law firm should be able to provide the best advice in a case like this and also give you a sound idea of the average car accident settlement that similar accident victims have been awarded including the types of injuries.

As mentioned earlier, whiplash is considered a minor injury and the average settlement ranges from $10k to $25k. More often than not, for moderate cases of whiplash, the amount ranges between $2k and $10k. In cases where the injury is severe and requires ongoing treatment, it may even go as high as $30k.

How Is Pain and Suffering Calculated?

Pain and suffering involve any distress that comes as a consequence of being injured in an accident. It can mean several things:

  • Physical pain, be it temporary or long-lasting
  • Emotional and psychological disorders
  • Physical disabilities

There are several ways you can calculate pain and suffering; the simplest way is by totaling your bills – medical expenses, therapy, lost wages, and vehicle damage. These are called special damages, but they are separate from your personal pain and suffering, which falls under general damages. They are all important things to take into account when considering compensation after an auto accident.

In order to calculate pain and suffering as accurately as possible, you must first determine under what category it falls under: current, or current and future. The first category describes pain and suffering until the conclusion of your medical treatment. The latter covers any pain and suffering that extends into the future. As you’d expect, your claim will be higher for this category.

Attorneys and insurance adjusters calculate pain and suffering by using the multiple method, which means they take your special damages and multiply it by anywhere from 1 to 5 times, based on how serious your case is. For whiplash cases, the multiplier will likely fall between 1 and 3. With broken bones, it would probably be between 3 and 5. For severe injuries it may go even higher than 5.

Should I Hire a Lawyer?

How Much to Expect from a Car Accident Settlement

Employing the services of a car accident lawyer can greatly help you receive a fair compensation and it will also give you a good idea how much to expect from a car accident settlement, which will very likely exceeds the amount the insurance company would offer you if you were on your own. A good lawyer will present every detail regarding your case to the insurance company or a judge and they may bring up certain information that you would have missed if you were the one doing the negotiations.

The insurance company will offer you the lowest possible amount as settlement – that’s how insurance companies work. Insurance adjusters may even try to prove that some of your treatment was unnecessary, or that you were in fact able to go to work. A good lawyer knows how to handle these situations and will help you take every necessary measure to protect yourself if you have suffered injuries in an auto accident.

To maximize your settlement, you will need to do more than just submit a claim through the insurance company. A lawyer will try to persuade the insurance company that they should take a closer look into the matter. An investigation may be initiated, and your lawyer will negotiate the settlement with the insurer.

You may not have to file a lawsuit in order to get a settlement payout for your injuries, as your lawyer and the insurance company may reach an agreement. If they don’t, the matter can continue in court. A car accident attorney is essential for your case and will be able to answer any questions you may have.

How Much to Expect from a Car Accident Settlement? We Get you the Highest Possible Car Accident Settlement!

To ensure that your claim is the highest possible, documentation is essential. Write down everything about your injuries and the discomfort you are facing or go see a therapist who can record your psychological effects. Any receipts you can provide or even testimony from friends and family who can corroborate your claims will help you with your claim.

Settlement claims can be tricky. Each case is unique, so attorneys and insurance adjusters need to examine every aspect of your accident when calculating your claim. You should prepare yourself for a few setbacks, but if you are diligent with your record keeping, things will be easier.

Here’s a really useful infographic from collisionsciences.ca 

How Much to Expect from a Car Accident Settlement

(image c/o https://collisionsciences.ca/)

 

Involved in a car accident and seeking legal help? Palm Legal Group has an experienced team of skilled lawyers that can get you the best possible settlement for your case.

 

Call Now for a FREE Consultation!

(561) 781-9679

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What to Do If Someone Sues You for a Car Accident

If you have been involved in a car accident and the other party has decided to pursue legal action against you, you may find yourself feeling lost and scared at the potential major implications of a lawsuit.

Being sued is never something to take lightly, but before you start to panic, there are several things you can do to make sure you handle the situation as best as possible and come out of this either unscathed or facing minimal consequences.

1. Stay calm.

First thing’s first: don’t panic. Keep a level head and give yourself a moment to take everything in. Panicking never helped anyone and you need to think rationally about what you need to do next. The best way to approach things is to calmly evaluate your situation and take action step by step.

2. Contact Your Insurance Company

If someone is suing you, the first thing to do is let your insurance company know of the situation and send them the suit papers so that they may hire a lawyer to defend you. Not reporting the suit in a timely manner may end up jeopardizing your coverage, so make sure you don’t waste any time.

If it’s been a while since the accident happened and you’ve changed insurance companies, get in touch with the same company that handled your case the first time, because your original coverage should still be valid and the same company should still be obligated to provide you with the protection you were afforded in the policy when the accident occurred.

3. Know the Statute of Limitations in Your State

It is imperative that you find out what the statute of limitations is in your state. If too much time has passed since the accident occurred, filing new claims against you would be completely pointless. Attorneys know this and if a reputable attorney files the suit, the statute of limitations is likely not an issue. There are, however, disreputable representatives who may attempt anything to pressure you into paying more than you are liable for.

Most of the time, an at-fault person’s insurance policy is enough to cover any penalties and injuries resulting from an auto accident. If that is not the case, however, you will typically know about it very shortly after an accident. If a lawsuit is filed against you a year or more later, those suing you will need to show a great deal of causative effect and they will need to provide convincing explanations for their delay.

4. Know Who Was at Fault

Sometimes it can be fairly obvious who was at fault for an accident by simply looking at the damage and the environment in which the accident took place. Other times, though, determining whose fault it was is a matter of looking into the local laws.

Determining whose fault it was can be a complicated questions with many facets. There are states, for example, called “no-fault” states, where your insurance company is responsible for any injuries you sustain or any property damage, regardless of who was at fault for the accident. In these cases, knowing who the responsible party was is only important for determining points on your driver’s license, as well as other regulations having to do with your driving privileges. There are exceptions, however, in the case of severe injuries.

One thing to consider is whether your car was parked or simply stopped. Road conditions are also very important to consider when determining who was responsible for an accident; rain, fog, or even high winds could potentially play a part in the fault involved. In many states, hitting another car’s rear automatically puts you at fault since you are supposed to always keep enough distance between yourself and the car in front of you that if they were to suddenly brake, you would have enough time to stop your vehicle without a collision. However, if another vehicle is backing out of a blind drive in your way, there’s not much you can do about it. Determining who is at fault in an auto accident means comparing all the individual factors involved and making a ranked list of all the causes involved. Another example of automatic fault is the failure to yield right-of-way.

If you happen to live in a no-fault state, your insurance company will be responsible for your damages, regardless of who was at fault for the accident. This can sometimes be beneficial to a driver and frustrating for others. The thinking behind the law in no-fault states is that everyone is responsible for their own problems and a driver can’t hold another driver liable for any property of injury damage. The problem in these states is that your car insurance will fluctuate, typically going slowly upwards, as the claims filed by the company are then reflected back on everyone they cover. In many ways, no-fault is a sort of cooperative insurance where every member participates in covering other members of their insured network.

Aside from no-fault situations, you will probably need to know how to determine fault in an accident before one happens. The vehicles’ speed, the angle of the collision, the condition of the road, and even the time of day can be important in deciding fault.

All of this is exactly like it sounds: extremely complicated and confusing. That’s why an experienced auto accident attorney can be very helpful with investigating the specifics of your accident and making sure all the relevant information is put forward in your case.

Are you seeking legal help following a car accident? Palm Legal Group has a very skilled team of lawyers that will fight to get you the best possible settlement for your case.

Call us today at 1-561-781-9679

5. Hire an Attorney

First of all, as we’ve already established, car accidents can be very complex, and the last thing you want to do is attempt to wrap your head around every little detail, especially if you’re still recovering after the accident. Second, lawsuits can also be particularly complex; that’s why lawyers need to go through law school and pass a difficult exam before being able to practice. While it is technically true that anyone can represent themselves when dealing with a lawsuit, that’s almost never a good idea, as one single mistake on the laws or rules of a lawsuit can end up having a significant impact on your case. That’s where attorneys come in; they are specially trained in dealing with complex laws and rules and they are able to help you make the best and most informed decisions for your case.

If you try to handle things on your own, you may very well end up losing. Representing yourself can also be extremely stressful if you don’t possess all the knowledge that an experienced lawyer normally would. A lawyer will deal with all the complexities of the law so that you don’t need to put everything else in your life on hold until finished with the lawsuit.

If you think the attorney provided by the insurance company has everything covered, you may be mistaken as to what his goals are. Defense attorneys provided by insurance companies have only one goal: to minimize the costs of the accident, which means paying as little money as possible. This does not necessarily mean clearing your name if you have been falsely accused, as they are not interested in justice, only in saving money. They will try to protect the insurance company and its policy and deciding whether to settle a case or not is entirely up to them. Your input won’t be taken into consideration as they will do anything that serves their own interests.

All things considered, the best way to defend yourself and your interests is to hire a lawyer. Defending yourself will very likely have you losing the battle and counting on the lawyer provided by the insurance company can be risky as your best interests and the company’s best interests won’t necessarily align.

If you are being sued for a car accident, the experienced lawyers at Palm Legal Group can help protect you at every step of the way.

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Can Someone Sue You for a Car Accident if You Have Insurance?

In this article, we examine the topic of whether someone can sue you for a car accident if you have insurance. 

If you have been involved in a car accident and think you may have been at fault, you may be worried about any legal action the other party might want to take against you. Before even considering your insurance policy, it’s important to know how your state’s laws deal with these types of situations.

can someone sue you for a car accident if you have insurance

Are You in A No-Fault State or a Tort State?

In no-fault states, a person who has been involved in a car accident is generally required to seek any form of compensation from their own car insurance coverage. The circumstances under which someone can step outside of the no-fault system and file a lawsuit are very limited.

That means that even if you don’t have insurance but live in a no-fault state, the other driver most likely can’t sue you and seek compensation directly from you. This is typically the case when injuries aren’t deemed “serious” or “significant” or when the medical expenses don’t exceed a certain amount of money.

However, that also means that you will probably be unable to take any legal action against the other driver if they were technically at fault for the accident and your own insurance will be responsible for covering your damages. The thinking in no-fault states is that everyone is responsible for their own problems and drivers cannot hold someone else liable for property or even injury damage.

States that don’t follow the “no-fault” insurance system – which are in the majority – are called tort states. In those states, if you are responsible for a car accident and someone is injured, they can sue you for all the damages they suffered from the accident, including medical bills, property damage, lost wages, and physical and mental suffering.

If you are uninsured, you are personally responsible for paying these damages and you will have to pay everything out of your own pocket.

I Have Insurance, Can I Still Get Sued?

can someone sue you for a car accident if you have insurance

Unfortunately, yes; even if you have a car insurance policy, it may still be possible for the other party to sue you if the damages exceed your auto insurance’s coverage level and you were found to be at fault for the accident.

Fortunately, an auto insurance policy reduces the financial repercussions of being sued. Having liability coverage ensures that the insurance company will pay for any settlement or judgment against you up to the limit you purchased. You may also receive a lawyer that will represent you in a lawsuit as well as coverage for certain expenses relating to the lawsuit.

The insurance policy should be enough to cover injuries and penalties in most cases, but if that isn’t the case and you can’t make the remaining payments out-of-pocket, your personal assets can be taken to satisfy the judgment won by the other person.

If you are being sued, the first thing you should do is notify your insurance company and give them the suit papers so that they can hire counsel which will defend you. Failing to report the suit in a timely manner may jeopardize your coverage, so be sure to take care of that as soon as possible.

can someone sue you for a car accident if you have insurance

If it’s been a while since the accident and you are hit with a lawsuit: immediately contact your insurance company. If you’ve changed companies since the accident occurred, contact the company that originally handled the case, as your original coverage should still be valid, and they should still be responsible for providing you with the protection afforded in the policy at the time of the accident.

Statute of Limitations

One important thing you should do is find out what the statute of limitations is in your state. If too much time has passed, filing any new claims against you would be pointless. Lawyers know about the statute of limitations and if the suit is filed by a reputable attorney, that will likely not be an issue. However, some disreputable representatives may try anything to pressure you into paying more money than you are liable for.

In most situations, the policy of the at-fault person is enough to cover any penalties and injuries. In those very few circumstances where this is not the case, you will know about it very shortly after the accident. If someone files a lawsuit a year or more later, they will have to show a great deal of causative effect and they will have to explain their delay.

Can They Sue Me After Agreeing to Settle?

Typically, when settling a claim with the insurance company, the other driver is required to sign a release which prevents them from filing any other claims in the future. This applies regardless of whether they face any other accident-related expenses in the future.

The only way a case may be reopened after agreeing to settle is if the other party disagrees with your attorney or insurance company on the terms of the settlement. The release the other party needs to sign is usually very straightforward in car accident cases, but disputes can still arise.

can someone sue you for a car accident if you have insurance

If the dispute is serious enough, the other party can sometimes back out of the settlement, depending on whether they settle before or after filing a suit.

If the settlement was reached before any lawsuit was filed but the claimant doesn’t want to sign the release, their only option is to file a lawsuit and hope that a judge will allow them to back out of the settlement or have the release changed.

If the case is settled in a suit and the attorneys can’t come to an agreement, the dispute will be submitted to the judge, who will either order the plaintiff to sign the release as it is, order that it be changed, or cancel the settlement and allow both of you to continue with the lawsuit.

In conclusion, if you have auto insurance, that means that most of the time there’s no need to worry. Cases, where the insurance policy doesn’t cover everything, are very rare and once the other party accepts payment from your insurance company, they also sign a release that prevents them from filing any further claims.

Involved in a car accident and seeking legal help? Palm Legal Group has an experienced team of skilled lawyers that can get you the best possible settlement for your case.

Call Now for a FREE Consultation!

(561) 781-9679

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Who Is Liable in a Car Accident – Miami Personal Injury Attorney – Open 24/7

Who Is Liable in a Car Accident

Who Is Liable in a Car Accident? Car accidents can occur at any given time, however vigilant or careful an individual driver may be. They are sometimes simply the result of poor road conditions or even vehicle malfunctions, but more often than not, car accidents are the result of human error.

While some car accidents are fairly simple affairs and the responsible party is easily identifiable, in some cases it’s not as cut and dry. One such example might be when the liable party is not the owner of the car they were driving.

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Who Is Liable in a Car Accident, the Owner or the Driver?

In most car accidents, the person driving a car is also the owner. However, that is not always the case, and the answer to “who is liable” depends. If you loan your car to someone and they get into an accident, you may still be liable, even if you were not the one driving the car.

There are two legal doctrines which have been developed in order to hold vehicle owners liable in the case of negligent operation of their vehicles by others, and those doctrines are called negligent entrustment and vicarious liability.

Vicarious liability has been recognized in Florida ever since 1920 and under this doctrine, the vehicle owner is liable for any damages caused by the negligent operation of their vehicle by a consensual driver. An exception to this doctrine is when the vehicle was stolen. The doctrine may still be applied against the owner, however, if a non-consensual driver comes into possession of the vehicle as a result of the owner’s negligence. An example of this might be when the owner attends a house party and leaves their car keys unsupervised.

Any damages available from a vicariously liable vehicle owner are capped by Florida Statute 324.021(9)(b)3, meaning that the damages may exceed the owner’s exposure.

The difference between vicarious liability and negligent entrustment lies in the fact that the owner is independently at fault for granting the driver consensual use of their vehicle. Florida courts hold that if someone negligently entrusts another person with their car, they are liable for any damages that may come as a result of the misuse of the car. Negligent entrustment is recognized in nearly every U.S. state and Florida is no exception.

As opposed to vicarious liability claims, the damages that are awardable under negligent entrustment are not limited by the arbitrary damage caps of Florida Statute 324.021(9)(b)3.

What Happens After a Deposition in a Car Accident Case?

After filing a lawsuit in a car accident case, a key step in developing your case and ascertaining who is responsible in a car accident is a process called “discovery.” This is how the parties involved in a lawsuit obtain information from each other that may end up being helpful to their case.

One type of discovery is called a deposition, which is an out-of-court testimony that is given under oath. The person giving the sworn testimony is called a “deponent.”

Deposition testimony may sometimes be used as evident at trial in order to impeach a witness if their trial testimony differs from their deposition testimony.

Miami Personal Injury Attorney

Who Attends Depositions?

Typically, depositions are held with the participation of the person being deposed, the parties to the lawsuit, their attorneys, and a person who is qualified to administer oaths, such as a court reporter. They will also record the testimony and prepare a written transcript upon request.

You Will Most Likely Be Deposed by the Defendant’s Side

Filing a personal injury lawsuit is a near guarantee that the defendant or their attorney will ask to take your deposition. The rules of procedure which govern civil lawsuits typically require that parties to a lawsuit participate in a deposition if it has been requested by the other side.

Defense counsel should work with you to find a convenient date for you and if you have an attorney, they can help prepare you for the deposition, but being represented by counsel is not a requirement.

You will be asked many questions during the deposition, many of them seeking background or personal information. You will be asked to testify as to your recollection of the circumstances surrounding the car accident. You may also be asked about where you were going, in order to determine of you may have been in a hurry and distracted, thus contributing to the accident.

Your medical records will have likely been reviewed by the defense counsel and you will probably be asked to expand on the information in those records. If you are also claiming lost wages, they will ask you about your employment history, your current job duties, the income you earn, and why you were unable to work as a result of the accident.

It is important that you listen carefully to each question and answer honestly. If you do not know an answer with absolute certainty, say so, do not make anything up. It can be aggravating to answer questions which seem irrelevant or intrusive, but try to be patient and polite. An obstructive attitude or refusal to answer may hurt your case. If you are truly being asked irrelevant or overly intrusive questions, you can object and refuse to give an answer. You may also ask the court for assistance.

An important thing to remember is that you can review your deposition afterward and ensure that all your statements were accurate and there weren’t any incomplete answers or things you said which may be interpreted differently than they were meant. It is better to be certain about everything you said in your deposition than risk it being used against you if you go to trial.

Under Florida Rule of Civil Procedure 1.360, filing a lawsuit for personal injury allows defendants to hire a physician of their choice to perform a Compulsory Medical Exam (CME), also called an Independent Medical Exam (IME). The doctor assesses your injuries and provides their opinion regarding the cause of the injuries, whether they are related to the car crash, what exact injuries were sustained, the necessary treatment, and whether you suffered a permanent injury.

Remember, though, that the doctor performing the CME is not your treating physician and they do not establish a doctor-patient relationship with you. They are not responsible for your medical care and do not provide any medical treatment. Their sole purpose is to evaluate you on behalf of the defendant and give their opinion on your injuries.

What Happens After Discovery Is Complete?

After the information from discovery has been collected, the lawyers for each side will again try to reach a settlement once it’s clear who is responbile for the car accident. This is known as an alternative dispute resolution and sometimes lawyers can settle a case by simply talking among themselves.

Typically, this is when mediation will be attempted. This is a process where the clients and their lawyers meet with a mediator approved by both parties who will help them reach an agreeable settlement. Florida courts generally require that mediation be attempted before allowing the case to proceed to trial.

Mediation will typically include both parties, their counsel, the mediator, and an adjuster from the defendant’s insurance company who has authority to offer a certain amount of money to get the case resolved. The process begins by each attorney making opening statements on behalf of their clients which outline the case for the mediator and include each party’s theory of liability, injuries suffered and damages. Mediation is always confidential, meaning that the parties are not allowed to discuss anything that goes on during the process with anyone who is not involved, and no information about the process will ever be discussed during the trial.

After the attorneys have finished with their opening statements, the parties are separated into two rooms and the mediator then acts as a conduit of negotiations, going back and forth between them until a settlement is reached or the parties conclude that the case will not settle.

A second type of alternative dispute resolution may follow, called arbitration. A hearing typically takes place between the plaintiff and the defendant, which is judged by a neutral third-party. The difference between mediation and arbitration is that mediation is not binding, while an arbitrator’s decision about the settlement is final.

In some cases, if the judge thinks that a reasonable settlement can be reached, they may require the case to go to arbitration instead of to actual court.

The Trial

Miami Personal Injury Attorney

Finally, if none of the above actions are successful in reaching a settlement, the case goes to trial. Personal injury cases can last anywhere from hours to months. At the trial, all the information gathered through discovery is presented to the jury and they decide on the settlement amount.

Predicting the outcome of a trial is next to impossible, as it ultimately depends on the jury, which is made up of different individuals from different walks of life. Your attorney should talk with you prior to the trial and explain to you what the whole process entails and what the risks and benefits are of trying your personal injury case.

Who Pays the Medical Bills in a Car Accident?

In most accidents, damages are covered by one of the involved drivers’ insurance company, most likely the one who is liable for the crash. However, things can get a little more complicated when the liable party does not own the car he was driving.

While the process of filing a claim may become more complicated, there are certain protocols in place meant to resolve such issues. The bottom line is that as long as the owner of the car has insurance, their policy will handle the damages.

If the driver also has insurance, then their policy will act secondarily to the car owner’s policy. That means that if the owner’s insurance doesn’t cover all the damages and other expenses, then the driver’s insurance will kick in and cover any leftover bills.

If you have been injured as a result of someone else’s negligence, or you want to find out for sure who is liable in a car accident you should contact the Palm Legal Group with our skilled and experienced lawyers go above and beyond to ensure that our clients get the full compensation they deserve.

 

Call Now for a FREE Consultation!

(561) 781-9679

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Average Settlement for A Concussion Car Accident

Average Settlement for Concussion Car Accident

When it comes to settlements after car accidents, concussions rank highly in the litigated subjects. A concussion is a type of traumatic brain injury (TBI) and they are a common result of car accidents. They can vary in severity and the cost of getting treatment and the amount of time until you heal will have a direct effect on your settlement. It’s worth also knowing that TBI is a major cause of death in the United States as this article from the Centers for Disease Control and Prevention illustrates.

What Are Concussions?

Concussions are injuries to the brain which result from bumping, jolting, or hitting the head. It’s not the actual blow that causes the concussion, but the motion that causes the brain to quickly move back and forth.

The brain’s movement inside the skull causes certain chemical changes that can sometimes damage brain cells. Despite a doctor initially diagnosing a concussion as mild, it can have lasting effects and sometimes serious consequences. A car accident impact can cause a concussion that doesn’t show any symptoms for hours or sometimes even days. The fact that you may not have any obvious signs of injury on the outside can make it even easier to overlook and not having the condition diagnosed can often have serious consequences. Seeking the right diagnosis in case you are injured in a car accident can be easier if you know what signs and symptoms to look for.

Average Settlement for Concussion Car Accident

The Signs and Symptoms of a Concussion

There are several signs and symptoms of a concussion that you can look out for and these include:

  • Nausea
  • Loss of counsciousness
  • Seeing “stars”
  • Confusion
  • Memory loss
  • Ringing in the ears
  • Mood swings
  • Headaches
  • Blurred vision
  • Changes in your sleep patterns
  • Seizures

If you were involved in a car accident and need a lawyer, Palm Legal Group has an experienced team of excellent lawyers that will help you get the best possible settlement for your case.
Call us now at 1-561-781-9679

Who Is Entitled to a Car Accident Concussion Settlement?

When you are injured because of someone else’s negligence, it’s referred to as a personal injury. It is an injury of the body and it is viewed separately from property damage claims. If the car accident happened because of someone else’s negligence, you are entitled to receive compensation.

The next step you should take after being diagnosed with a concussion is to hire an experienced personal injury attorney. They will know how to evaluate the situation and how much your car accident concussion settlement is worth. You need compensation for the medical services you have already received, as well as for future medical expenses.

Who Is at Fault?

As with any other accident that is someone else’s fault, receiving a car accident concussion settlement depends greatly on you being able to prove that the other person was responsible. Some states allow you to receive compensation even if you were only partially at fault, but others do not, and this can complicate matters. You can expect the opposition’s lawyer to come after you and try to prove that you were at least partially responsible for the accident, and you can definitely expect the other driver’s insurance company to do everything it can to point the finger at you. Insurance companies regularly resort to all sorts of tactics to pay as little money as possible, if at all.

Many of these cases are settled before even going into litigation, but the actions you take prior to the negotiations will greatly affect your settlement. This is especially true if you don’t get an experienced lawyer to represent your case. If you need a personal injury lawyer in Boca Raton, look no further than Palm Legal Group.

Types of Car Accidents

Depending on how the vehicles collide with each other, there are several types of car accidents. These are the most common:

    • Vehicle rollover

These types of crashes are usually complex and violent. Although the vehicle type plays an important tole in the accident, so do the driver’s behavior and the road and environmental conditions.

    • Single car accident

This kind of accident involves only one vehicle. Most of these types of crashes are collisions with animals or fallen debris, rollovers, and run-off-road collisions.

    • Rear-end collisions

This is a traffic accident where a vehicle crashes into the rear side of the vehicle in front of it. They are usually caused by driver inattention, tailgating, and reduced traction due to the weather.

    • Side-impact collision

These accidents are also known as T-bone collisions and describe situations where the side of a vehicle is impacted. They commonly occur at intersections and in parking lots.

    • Head-on collision

These accidents occur when the front end of two vehicles collide and often result in very serious injuries and even death.

What to Do After Being in a Car Accident

It’s possible that you may not have any symptoms of a concussion right after the accident, but it’s important to never assume that you aren’t really injured. If you’ve hit your head but aren’t experiencing any symptoms of a concussion, you should still seek medical attention immediately. Document all outward injuries and any follow-up symptoms that may begin to occur. Failing to keep a clear and complete record of your injuries may lead to the other side disputing your claims.

One of the first things you should do is ensure that everyone is alright, in case someone might need urgent medical attention. After the accident, you will likely be contacted by the other driver’s insurance adjuster, who may be prepared to make you a “generous offer” on the spot. If you already have a personal injury attorney, refer the adjuster to them. Otherwise, hire an attorney as soon as possible. Whatever you do, though, do not in any way negotiate with the adjuster.

If you are being sued for a car accident, Palm Legal Group has an excellent team of lawyers that will help you prove your innocence.
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Can Someone Sue You for a Car Accident If You Have Insurance?

Unfortunately, even if you have valid insurance, you still run the risk of being sued of the insurance policy doesn’t cover all the damages and you were found at fault.

When you purchase an auto insurance policy, you reduce the financial consequences of being sued in a car accident case. The liability coverage ensures payment by the insurance company of settlements or judgments against you up to the limit that you purchased, as well as a lawyer that can represent you.

However, when settling a claim with the auto liability carrier, the other driver will have to sign a release which will prevent them from filing any further claims, even if other expenses on their part will be required in the future.

Do You Need a Police Report for a Car Accident?

In addition to containing information about the accident, a police report is an unbiased third-party report of the accident. The report can be more effective as evidence than hearsay or the retelling of the story by either of the parties involved. Insurance companies require that they receive a police report and if you decide to file a personal injury lawsuit, it will be a very useful asset.

Police reports include:

  • The location where the accident occurred
  • The date and time when the accident occurred
  • The damage suffered by each vehicle
  • Injuries sustained by those involved
  • Statements from witnesses

This evidence can support your claim and make a huge different toward increasing your chances of a successful outcome.

Even if you are the at fault driver, the police report is still very important. If the other driver misrepresents the truth, a police report can be of great help for your case.

Average Settlement for Concussion Car Accident

Settlements After Car Accidents

It would be a disservice to tell you that you could probably get this amount or that amount of money without knowing the specific details of your case. It all varies greatly depending on several factors such as fault and injuries sustained. For example, a recent case involved a Florida man who suffered permanent brain damage following a car accident with a commercial truck. He was awarded $26 million dollars after the case went to trial. This must be a record settlement after a car accidents, but on the face of it is very much deserved. Moving down toward less serious injuries, another recent case involved a California woman who was hit in an intersection and as a result she suffered a soft-tissue head injury and a permanent scar. She settled for $100,000.

Another very important factor that influences your compensation will always be your lawyer. If you choose an inexperienced lawyer it is unlikely that they will get you the compensation you deserve. This is why it’s imperative that you find a skilled lawyer who has a lot of experience dealing with car accidents.

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Best Car Accident Lawyer in Miami – Palm Legal Group

Your Best Car Accident Lawyer in Miami, Florida

The Leading Car Accident Lawyer in Miami – Palm Legal Palm Legal Group. We offer comprehensive legal services including (but not limited to):

    • Auto Body Shop Claims
    • Homeowners Insurance Claims
    • Personal Injury
    • Pip Suits
    • Bicycle Accidents
    • Car Accidents
    • Pedestrian Accidents
    • Trucking Accidents
    • Motorcycle Accidents

We have a specific focus on motor vehicle accidents and our mission is to be the best car accident lawyer in Miami and we believe based on our considerable and highly publicized successes to date that we are well on the way to achieving this!

Office in Miami, Boca & Orlando

With offices in Miami, Boca Raton and Orlando we are seen by many as the car accident lawyer of choice and are extremely well placed to assist accident victims and to serve clients with claims. Indeed our group serves clients throughout Florida. This is because we can attend to our clients quickly, we can meet our clients in person, either at our offices or if you prefer at your place of business or home, and we place a great emphasis on a sense of urgency when dealing with all legal matters.

Best Car Accident Lawyer in Miami

Miami Personal Injury Lawyers

Our Managing Partner Donald Keen, Esq.  – a personal injury attorney who is one of the most respected in Florida with his team including Alex Hawkins, Esq. and Katya Willow has many years of experience litigating for a wide variety of Personal Injury claims.

Donald is known for his “Keen eye on the detail that most lawyers miss, and often achieves his wins through scrupulous background preparation and a laser-like focus on the merits of the case” .

Indeed the whole team keeps focused on the fact that they are fighting for you, and although the amounts increase all the time they estimate to have claimed over $100,000,000 for their clients. This is an outstanding record and it is, therefore, no surprise that Donald is thought of as the best motor accident attorney in Miami, and the “go-to” car accident attorney of choice.

The service we provide you

We have a history of representing clients tenaciously, and at times aggressively. It is not without reason that we have become a household name and are seen by many as the best motor accident attorney in Miami. We just don’t think it’s right when insurance companies try and avoid paying claims and we take personal responsibility in ensuring we “have your back”. Whether it’s an issue of product liability, a collision, a Miami car accident with a truck, motorcycle or automobile or indeed any one of the many types of auto accidents, we believe we are the car accident attorneys that can help you the fastest and get you the biggest compensation claim.

Best Car Accident Lawyer in Miami

Areas We Serve

Palm Legal Palm Legal Group has 3 offices in Boca Raton, Miami, and Orlando. Donald is based in Boca Raton, and regularly in South Florida, West Palm Beach, Miami, Orlando and beyond to meet clients. (Also see our Practice Areas)

Donald and the team are members of:

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