The insurance companies are very reluctant to offer fair settlements. You have to compare your settlement offers to decide which is the best one. If the amount you receive is too low, then it might not reflect the needs of you and your family. The main reasons why people sue in car accidents are the following:
No-fault states differ from tort liability states in that they allow injured parties to file a claim against the driver at fault for the accident. In tort liability states, the victim can sue the at-fault driver for their pain and suffering and medical expenses. In no-fault states, however, the victim has to prove that the at-fault driver was at fault for causing the accident.
In no-fault states, each driver’s car insurance pays for medical claims. PIP coverage is available in no-fault states. This limits the drivers’ ability to sue one another. The insurance company of the at-fault driver pays for property damage claims. No-fault states are optional. In Puerto Rico, a driver can choose to sue whoever caused the accident, or they can decide to file a lawsuit themselves.
The principle of comparative negligence is based on the notion that many people are proportionally responsible for a single accident, and therefore each should bear a portion of the costs of that accident. This system also allows people who were at fault to sue the other party, but they can only recover damages in proportion to the amount of their own negligence. In this example, the two drivers each contributed fifty percent of the blame for the accident, and the jury determined that each was at least 25 percent at fault.
The first step in bringing a car accident lawsuit is to establish that the other party was at fault. This is relatively simple to prove. For example, in a textbook case, a drunk driver running a red light would be liable for the entire accident. However, there are also cases in which the other party was partially responsible for the accident. In these cases, the defendant’s attorneys will need to demonstrate that the victim’s negligence contributed to his or her car accident injuries.
Duty of care
You might have heard about the concept of a duty of care and what it means to you. This concept applies to almost any situation where you owe someone a certain level of care. This duty is higher for certain types of professions and situations, but in most cases, it applies to everyone. A driver who runs a stop sign may be sued by a motorist who is injured. The duty of care applies to other situations, too, and can be breached in many ways.
The question of legal responsibility for causing an accident may hinge on whether you were exercising reasonable care in your driving. The law holds that the driver of the other vehicle had a duty to act reasonably. Therefore, if they violated the duty of care and caused the accident, they are negligent. This is why they are responsible for paying you compensation. If you are hurt in a car accident, it is a good idea to hire an experienced car accident attorney to handle your claim.
Cost of pain and suffering
Most car accident lawsuits award a large amount for pain and suffering. In Miami-Dade County, Florida, where GEICO lives, pain and suffering damages would have been much smaller. Even if GEICO had offered far less money, the plaintiff would have received at least $125,000. That is 44 times her final medical bill total, plus her workers’ compensation lien. But, if you’re wondering how to calculate pain and suffering damages, here’s how:
The multiplier for pain and suffering is based on the severity of your injuries and how long it took you to recover. The multiplier could be 1.5 or two if you only suffered minor injuries. The multiplier can be as high as five if you suffered life-altering injuries. Your attorney will be able to advise you on what multiplier is appropriate based on your specific circumstances. A settlement calculator is also available for you to get an idea of how much your case is worth.