When Should I File A Car Accident Claim Instead Of Settling?

Getting in a car accident is one of the scariest experiences many people will ever have. If you suffered injuries as a result of a crash, it’s even worse. Although you could simply settle for the offer from the at-fault driver’s insurance company, chances are it’s not enough.

If you receive a settlement offer that is less than satisfactory for paying for your medical bills, ongoing treatment, lost wages, and other damages, you might want to file a car accident lawsuit. This is a better option than settling for less than you deserve. A personal injury lawsuit can help you to get a much better compensation amount. There are more reasons why you should file a claim instead of simply accepting a settlement for a car accident.

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You Have To Seek Medical Treatment

You should never settle a car accident case when you have suffered injuries and you may require ongoing medical treatment as a result. When you have medical bills and potential ongoing treatment to pay for, you cannot simply accept a settlement offer when you don’t know the potential total amount of your expenses. It can take time before your medical bills are processed, so it may be a while before your attorney or the defendant’s can get copies of them.

Your Case Is Worth Significantly More Than What’s Being Offered

When it comes to car accidents, if you have suffered an injury, it changes the ballgame. Settling with an insurance company isn’t always the best option, especially if your personal injury attorney believes your case is worth significantly more than what is being offered. Insurance companies prefer to offer a low settlement amount thinking that the injured party will be quick to accept and that would be the end of it. However, this is the worst thing you can do.

Most often, a car accident case is not simply a dent in your vehicle that needs to be repaired. If you have been seriously injured to the point of needing immediate emergency medical care, chances are fair that you will require continuous treatment and may even have to miss time from work. This is especially the case if you have been rendered temporarily or even permanently disabled.

Additionally, you are legally entitled to collect damages for pain and suffering when you file a car accident claim. This is a type of damage you cannot get if you simply file a claim with the insurance company. You get an amount to make the repairs needed on your vehicle and to compensate you for your medical bills, but not for pain and suffering or emotional distress if the person responsible for the accident behaved in an especially reckless manner.

It’s challenging to put an exact dollar amount on a type of damage like pain and suffering, as it’s not tied to any exact calculation. You may have a range in the amount of your settlement based on the actual damages and non-tangible damages such as pain and suffering. For example, if your case is said to be worth $50,000 to $100,000, you would want to ultimately get a settlement that is on the higher end.

Your Attorney Thinks You Deserve More

Obviously, you will want to hire a personal injury attorney to represent you in your car accident case. Your lawyer’s opinion is the most important when pertaining to the settlement you should receive. They know when a settlement amount is unfair and when you should hold out for more money.

Your attorney has options available to you when you file a lawsuit instead of accepting a settlement offer. They include the following:

  • Going to court to recover compensation
  • Your case goes to trial
  • Your case goes to trial and you are seeking punitive damages

Compensation You Can Recover In A Car Accident Case

You can collect certain types of damages in a car accident case. They include the following:

  • Medical expenses, including ambulance fees, physical therapy, permanent disability, in-home services, consultations with healthcare professionals, disfigurement, and accessories
  • Pain and suffering and loss of enjoyment of life
  • Lost wages if you are unable to work or must work at a reduced capacity and earn less than your normal wages
  • Loss of affection or companionship

If you still need more information about settlements (if you’re involved in a lawsuit, you do), you can visit this link to find out more about types of compensation you may receive after a car accident. The more information you have going into this process, the better prepared you’ll be to get the maximum settlement.

If you are interested in even more lifestyle-related articles and information from us here at Bit Rebels, then we have a lot to choose from.

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