Top 11 Factors That Could Affect Your Car Accident Case

Overspeeding car

There are several factors to consider when pursuing a claim or filing a lawsuit in your car accident case. An attorney can be helpful when navigating through the confusions of legal matters and assist you with your claim. They can be available to answer questions and offer comprehensive guidance as to your legal options.

Some of the factors that can compromise or affect your case are as follows.

1. Comparative Fault

Multiple parties can be at fault in a car accident. The other driver may have been driving under the influence but you could also have been driving above the speed limit, making the accident partially your fault as well. To establish liability, all the potential parties will be investigated. If you are determined to be partially at fault, you may still be able to pursue an accident claim. However, according to the Doctrine of Comparative Fault, your compensation will likely be reduced by your percentage of fault. Therefore, if you were found to be 20% at fault, your compensation amount will be reduced by 20%.

If you were in an automobile accident and have questions about liability, you should speak to an experienced automobile accident attorney. The legal team at Frankl & Kominsky Injury Lawyers are available to offer comprehensive legal guidance. Your initial consultation and case evaluation is completely free.

2. The Severity of Your Injuries

Some injuries are far more severe than others. Injuries to the neck and back such as whiplash may not be as severe as an amputation or an injury requiring surgery. A tangible injury, such as spinal cord damage, can potentially be valued higher than emotional pain or trauma. It might seem unfair to have your injuries downplayed, but some injuries, that have lasting physical effects, may be considered more serious.

If your injuries have healed quickly, are not considered too serious, and aren’t physical in nature, the amount of compensation may be lower than if your injuries are considered permanent.

3. The Insurance Company’s Unwillingness to Pay

Some insurance companies may have the resources and time to take a case to court and litigate. They may offer a low settlement amount. Other insurance companies may choose to settle for a fair amount, rather than spend additional time and costs to proceed with litigation.

4. Likeability

The factor of likeability is present in almost all court cases. This may not seem like a big deal, but you have to make an effort to ensure that the jurors like you, and that their sympathies and support lie on your end. With some defendants, this is an easy feat, particularly when they are clearly negligent such as drunk drivers, drivers with a past record, or consistently negligent drivers.

However, at times defendants are simply those that made an honest mistake and are regretful of it. In such cases, the jury may be tempted to act less judgmentally, and this might tip the scales in their favor.

5. Lost Wages and Income

Lost income or the ability to earn is one of the biggest factors taken into consideration when deciding on settlement amounts. The calculations for these are pretty straightforward for most people. Their monthly salaries are noted and reimbursed for the number of days they have been out of work. If someone has lost the capacity to work in the same way as they did pre-accident, an additional amount may be attached to the settlement to help the individual and family through their incoming financial difficulties.

6. Medical Expenses and Bills

The medical bills can be extensive, and so medical expenses are some of the most significant contributors to the settlement amount. Make sure to keep a copy and documentation of your medical bills, receipts, prescriptions costs and other follow-up expenses so these may be taken into account when calculating your damages and compensation.

Medical bills for extensive treatment such as physical therapy can also indicate that your injuries were severe enough and required long-term treatment. Keep the records of any rehabilitation services you have had to undergo in your treatment.

7. Lack of Significant Property Damage in a Collision

As cars are being built to be sturdier in order to withstand accidents, it is often the case that the driver or passenger may sustain severe injuries in light of minor damage to their vehicle. However, it is often presented that if the vehicle doesn’t sustain much damage, then the driver or passengers were likely to not have been severely injured as well. The at-fault party’s insurance company, and jurors may believe that an accident causing minor damage to the vehicle, likewise caused minor injuries to its occupants. If you were injured in an accident where your vehicle sustained minor damages, be sure to discuss this with your attorney.

8. Medical Treatment

The importance of undergoing a medical examination post car accident cannot be stressed enough. Be sure to undergo a thorough examination by a qualified medical professional. You may go to a local emergency room, urgent care center or to your own personal physician. Keep copies of all your medical records and expenses and present them to your attorney. Listen to your physician’s advice and follow their orders regarding treatment. Documentation of your injuries and treatment will be necessary to establish damages in your claim.

9. The State Laws

For automobile accident cases, laws may differ from state to state. Speak to an experienced attorney for any questions regarding liability, compensation and what damages you may be eligible to pursue.

10. Time

The Florida statute of limitations has set timelines within which the affected parties in a car accident case can file a lawsuit. The statute of limitations for a negligence claim is 4 years from the date of the accident. This statute of limitations for a wrongful death claim is 2 years from the date of death. Failure to file within the Statute of Limitations will likely result in the court dismissing your case. Speak to the attorneys at Frankl & Kominsky Injury Lawyers for any questions regarding the Statute of Limitations in your automobile accident claim.

11. Witnesses

If there were witnesses to your auto accident, be sure that you get their statements and contact information. It may be helpful as you pursue your claim. This can include other drivers, passengers and even bystanders.

Free Consultation with Frankl & Kominsky

If you have been involved in a car accident, and are looking to pursue a lawsuit against the at-fault party, be sure to consult with an experienced lawyer for assistance with your injury claim.

The lawyers at Frankl & Kominsky have over 40 years of combined legal experience. Let us help you pursue your accident claim and recover the compensation you deserve.

Our firm is available 24-7, and we offer a free initial consultation and case evaluation.

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