How Do Car Accident Settlements Work?

Steven A. Bagen | October 7, 2024 | Car Accidents

If you sustained injuries in a car crash that a negligent driver caused, you can file a third-party claim with their insurance company. Following the collision, your lawyer will submit a claim for medical bills, vehicle damage, lost income, and pain and suffering. Ongoing negotiations will then occur. A car accident settlement works by reaching an agreement with the insurer on how much compensation they will pay for your damages. However, if the parties cannot reach an agreement, the case may go to court for litigation.

If you recently suffered injuries in a car crash due to someone else’s negligence, it’s essential that you have a Gainesville car accident lawyer on board in your case. Your lawyer can handle every step of the claims-filing, settlement, negotiation, and litigation processes for you and work to maximize the compensation you recover for your injuries and other losses.

Most Common Causes and Types of Car Crashes

Car crashes due to another driver’s negligence are common and can result in serious injuries and property damage. Driver negligence often stems from behaviors such as distracted driving, speeding, and failure to follow traffic laws. The most common causes of accidents involving negligence include the following:

• Distracted Driving – Distracted driving is one of the leading causes of collisions. It occurs when a driver is not fully focused on the road. Common distractions include texting, talking on the phone, eating, or interacting with passengers. When a driver’s attention is diverted, even for a few seconds, they may fail to react to changing traffic conditions, resulting in rear-end collisions or side-impact crashes.
• Speeding – Driving above the speed limit reduces the time a driver has to react to sudden stops or obstacles in the road. Speeding also increases the severity of crashes, as the impact is much greater when a vehicle is traveling at high speeds. Speeding frequently causes rollovers, T-bone accidents, and rear-end collisions, especially in heavy traffic or during poor weather conditions.
• Drunk Driving – Drivers under the influence of alcohol or drugs have impaired judgment, slower reaction times, and diminished coordination, making it difficult to safely operate a vehicle. Drunk driving crashes are often severe and can lead to head-on collisions, as intoxicated drivers may drift into oncoming traffic or fail to stop at traffic signals.
• Running Red Lights and Stop Signs – Disregarding traffic signals and stop signs is another common form of negligence. Drivers who run red lights or fail to stop at signs put themselves and others at significant risk, especially in intersections. These actions frequently lead to T-bone or broadside collisions, which are particularly dangerous because the side of a vehicle offers less protection.
• Tailgating – Following too closely behind another vehicle leaves little room to stop if the car in front slows down or brakes suddenly. This reckless behavior often results in rear-end accidents, which can cause significant damage and injuries, particularly to the neck and spine.

Frequent Injuries in a Car Accident

Car collisions due to another driver’s negligence can lead to a wide range of injuries, affecting victims physically, mentally, and emotionally. These injuries may vary in severity depending on the circumstances of the accident, such as the speeds of the vehicles involved and the point of impact. Below are the most frequent types of injuries that car accident victims may suffer.

Physical Injuries:

• Whiplash – One of the most common injuries in car crashes, especially in rear-end collisions, is whiplash. It occurs when the head violently jerks forward and backward, straining the neck muscles and ligaments. Symptoms can include neck pain, stiffness, and headaches.
• Fractures and Broken Bones – The force of a car collision can easily break bones, particularly in the arms, legs, ribs, and pelvis. Victims may require surgery, casts, and months of rehabilitation to recover.
• Head and Brain Injuries – Traumatic brain injuries (TBIs), including concussions, can happen if the head strikes an object or is violently shaken during the collision. TBIs can result in lasting cognitive issues, memory problems, and even changes in personality.
• Spinal Cord Injuries – Injuries to the spinal cord are some of the most severe, as they can result in partial or complete paralysis. Even less severe back injuries, such as herniated discs, can lead to chronic pain and mobility issues.
• Internal Injuries – The impact of a crash can cause damage to internal organs like the lungs, liver, or spleen, which may require emergency surgery. Internal bleeding is another life-threatening condition that can occur following a crash.

Mental and Emotional Injuries:

• Post-Traumatic Stress Disorder (PTSD) – Many victims experience PTSD following a car crash. Flashbacks, nightmares, and anxiety about driving or being in a car are common symptoms. These psychological effects can persist long after physical injuries heal.
• Depression and Anxiety – Coping with the aftermath of an accident, especially if injuries are severe, can lead to feelings of hopelessness, sadness, or worry. Victims may experience anxiety about returning to daily activities or facing long-term recovery.
• Emotional Distress – Beyond diagnosable conditions like PTSD, car accident victims often experience emotional distress, including shock, fear, and anger. These feelings can affect personal relationships and daily life.

Reasons to Litigate a Third-party Car Accident Claim

Litigating a third-party car crash claim may be necessary when the parties cannot reach an out-of-court settlement or the compensation the insurance company offers is insufficient. While many car accident claims are resolved through negotiation, there are important reasons to pursue litigation, especially if you believe the at-fault party’s insurance company is not offering a fair settlement. Following are the most important reasons to litigate and what happens during the litigation process.

• Low Settlement Offers – One of the primary reasons to litigate a car accident claim is when the insurance company offers a settlement that does not adequately cover your damages, including insufficient compensation for medical expenses, lost income, or pain and suffering. If the insurance company refuses to negotiate fairly, filing a lawsuit may be your best option to recover the full amount you deserve.
• Disputed Liability – In some cases, the at-fault driver or their insurance company may dispute responsibility for the collision. When they contest liability, the insurance company may deny your claim or significantly reduce the amount they are willing to pay. Litigation allows you to present evidence in court to prove that the other party was negligent and responsible for the accident.
• Serious Injuries – If you suffered severe or life-altering injuries, the stakes are much higher, and the potential compensation is greater. Serious injuries often result in long-term medical expenses, loss of earning capacity, and ongoing pain and suffering. In these cases, litigation may be necessary to fully account for these long-term damages.

When a car collision claim goes to litigation, the process begins with filing a complaint in court. This document outlines your legal claims against the at-fault driver. From there, both parties engage in discovery, exchanging evidence such as medical records, accident reports, and witness statements. Settlement negotiations may continue during this phase. If the parties reach no agreement, the case proceeds to trial, where both sides present their evidence and arguments to a judge or jury, who ultimately determines the outcome.

An experienced car accident attorney can guide you through each step of this litigation process and will work hard to pursue the fair compensation you deserve.

How Can an Experienced Lawyer Help with My Car Accident Case?

A Gainesville car accident lawyer plays a crucial role in navigating the complex legal system. Their knowledge and experience can significantly affect the outcome, ensuring that you receive fair compensation for your injuries. The following are several ways a car accident lawyer can assist throughout your case:

• Initial Consultation and Case Evaluation – The process begins with an initial consultation where the attorney will assess the details of your crash, the extent of your injuries, and the circumstances surrounding the case. They will explain your rights and the potential avenues for compensation, providing a clear picture of what to expect moving forward.
• Gathering Evidence – A successful car collision claim relies on solid evidence. A lawyer will gather critical documentation, including police reports, medical records, accident scene photographs, and witness statements. This thorough collection of evidence is essential for establishing liability and supporting your claims for damages.
• Determining Damages – Car accident attorneys are skilled at calculating the full extent of your damages, including not only current medical expenses and property damage but also future costs, lost income, pain and suffering, and emotional distress. They will ensure that all relevant factors are considered, maximizing the potential compensation you can receive.
• Negotiating with Insurance Companies – Insurance companies often aim to minimize payouts. A lawyer will handle all communications with the insurance adjusters, negotiating on your behalf to secure a fair settlement. They understand the tactics insurers use and can effectively counter low offers, advocating for your best interests.
• Filing Legal Documents – If the parties cannot reach a fair settlement, your lawyer will file a lawsuit on your behalf. They are familiar with the legal procedures and deadlines, ensuring that all paperwork is correctly completed and submitted on time, avoiding any potential pitfalls that can harm your case.
• Representing You in Court – If your case goes to trial, having a lawyer by your side is invaluable. They will represent you in court, presenting evidence, examining witnesses, and arguing your case effectively. Their legal experience is crucial for navigating the courtroom and ensuring that your voice is heard.
• Providing Support and Guidance – Throughout the process, a car accident attorney offers emotional support, guiding you through what can be a stressful experience. They keep you informed, answer your questions, and provide reassurance as you navigate your recovery and the legal system.

Talk with a Knowledgeable Car Accident Lawyer in Your Area Today

If you suffered injuries in a recent car crash, retaining a skilled Gainesville car accident lawyer is one of the most important steps you can take. Your attorney will guide you throughout every step of the process, file a claim or lawsuit on your behalf, negotiate with insurance company adjusters, or take your case to trial in pursuit of the compensation and justice you deserve.