Calculating Clarksburg Car Accident Settlements
Settlements can provide many car crash victims with fair compensation. However, calculating a Clarksburg car accident settlement can be a difficult and complex task. Without advice from an experienced attorney, it can be difficult for victims to determine how much their case is worth.
Determining a Fair Case Value
Ultimately, the amount of a settlement is agreed upon between the insurance company and the victim’s lawyer. To prepare for negotiations, the attorney gathers details about how the person became injured and information related to the persons’ treatment and recovery. They present this documentation to the insurance company, which then offers a value for the case. Usually, the initial offer is less than the final value of the settlement.
The insurance company’s decision is based on several factors, including:
- How the accident happened
- The severity of the injuries
- The skill and qualifications of the lawyer
- The attorney’s willingness to go to trial
- How hard the lawyer works for the victim
All of those factors play into how the insurance company arrives at its decision to offer settlement money.
Comparative Negligence in Clarksburg
Negligence on the part of the injured person has an effect on the settlement. West Virginia personal injury cases use a concept known as comparative negligence. This means the injured person’s percentage of fault plays a role in determining whether a person settles or not, and if so, how much. If the injury victim is less than 50 percent fault for the accident, they can still recover a settlement or a jury verdict for their case. However, the total amount they can recover would be reduced by their percentage of fault. For example, if the injured person was 20 percent responsible for the accident, they can only recover 80 percent of their total damages. If the victim was 50 percent or more at-fault, they could not recover compensation.
Car Accident Settlement Timeline
Every injury case is different, and there is no general length of time it takes to receive a settlement. Negotiations do not begin until after the injured person finishes with their medical treatment, which can vary depending on the nature and severity of the injuries.
However, once attorneys and insurance companies reach an agreeable settlement amount, the case can conclude fairly quickly. By law, the insurance company has just 15 days to pay the settlement. If the victim is a minor, a court must approve the settlement first, which can cause delays.
Let a Clarksburg Attorney Guide You Through the Settlement Process
Deciding whether to settle or take a case to trial can be a difficult decision. Victim’s and their attorneys must consider the value of the case, the insurance company’s offer, and the risks involved with litigation. When making this decision, many victims choose to rely on the advice of their attorneys. Experienced Clarksburg lawyers can help calculate a fair settlement value and effectively negotiate with insurance companies in order to maximize compensation.
If you were hurt in a motor vehicle collision, you could benefit from the services of an experienced attorney. A lawyer could provide sound legal advice and compassionate guidance through every step of the settlement process. For a free consultation to learn more about your legal options, call today.