After a car accident that you were not to blame for, you likely face significant financial strain from lost income to medical and recovery costs. Many people want to know what they can expect from a car insurance or personal injury claim. Although it is possible to calculate the value of the average car accident settlement in Hickory and North Carolina, this will not tell you the value of your unique claim.
The average car accident claim value will tell you the average value of other accident damages, but it has little to do with the damages that can be proven in your own accident. One of the most effective ways to accurately calculate your damages is by reviewing your case with a car accident attorney.
What Affects the Value of a Car Accident Settlement in Hickory?
There are several aspects of your unique accident and situation that can impact the final settlement amount. An attorney can review these factors and help you understand the likely outcome of a claim. These include:
- Severity of Injuries: The more serious your injuries are, the higher a settlement amount is likely to be. Minor injuries result in low medical bills and few long-term needs. Serious injuries, like brain injuries, are likely to have higher medical costs, more complications, and significant long-term needs. All these increase the cost of the injury and the subsequent compensation. More serious injuries also require higher noneconomic damages compensation to represent non-calculable losses.
- Length of Recovery: The amount of time you have to take to recover will affect your settlement. A long recovery will increase medical costs. If you are unable to work, you will lose more income, which is also included in a settlement. Permanent and disabling injuries will also result in higher settlements.
- Income: Because a settlement recovers lost income and lost earning capacity if you can’t continue working, you will receive a higher settlement if your average wages are higher.
- Evidence of Fault: The more clear the fault in an accident is, the more likely an insurance provider is to settle. Evidence of fault and evidence of your damages can also help. However, if fault is contested, it may be more difficult to negotiate a full settlement.
- Contributory Negligence: North Carolina has harsh rules for injured individuals. If you were remotely at fault for the accident, an insurance provider can use this to deny you any compensation. If there is any proof that you were negligent, you will not recover a settlement.
- The Other Party’s Conduct: Under the state’s Last Clear Chance doctrine, there may be a way for you to recover compensation, even if you were partially liable, depending on the actions of the other party. Additionally, if the other party acted with gross negligence, you could recover punitive damages in your claim. This will increase the final settlement amount.
- Insurance Policy Limits: The settlement you can recover will also rely on the limits of the at-fault party’s insurance policy. In some cases, you may be able to increase a settlement by filing with your own insurance provider, or you could recover excess damages from a civil personal injury claim.
- Ability to Wait: If you are able to wait for your attorney to effectively investigate the accident and negotiate with the insurance provider, you may be more likely to earn a higher settlement. Accepting the first offer from an insurance company is likely to result in a much lower settlement than your damages are worth.
- Skill of Attorney: The skill of your attorney to negotiate with the insurance providers and gather important evidence will also affect your claim. A more experienced attorney is more likely to gain you maximum compensation.
FAQs
Q: How Much Can Someone Sue for a Car Accident in North Carolina?
A: The amount that you can file for after a car accident depends on the severity of your damages. If one or more parties are fully at fault for your accident, they can be held liable for the full extent of your damages. This includes damages such as:
- Surgeries, prescriptions, hospital transport, and other medical costs
- Rehabilitative care, physical therapy, and other long-term medical needs
- Lost income and lost earning capacity
- Damage to property
- Pain and suffering, loss of quality of life, and scarring and disfigurement
Q: How Much Is Pain and Suffering Worth in a Car Accident in North Carolina?
A: Pain and suffering is difficult to calculate, as this concept does not have an objective value. In North Carolina, there are no limits on noneconomic damages in car accident claims. To fairly calculate the total of noneconomic damages, an attorney may review factors such as the long-term impact of the injuries, any permanent disability, and the mental and psychological effects of the accident.
Noneconomic damages include damages like:
- Physical pain
- Mental distress
- Loss of consortium
- Loss of quality of life
- Disability
- Disfigurement
Q: How Much Is Compensation for Whiplash and Back Pain?
A: After a car accident, the compensation you receive for whiplash injuries and back pain may be anywhere from $2,000 to $50,000. For spinal cord injuries and other serious and long-term injuries, a settlement may be as much as $600,000 or even greater.
There is no way to know exactly how much compensation your injuries will be worth. It will rely on:
- The medical bills for immediate treatment
- The long-term medical care required
- The expected complications
- How much the injury will impact the rest of your life
Q: How Much Do Lawyers Take From a Settlement in North Carolina?
A: For personal injury claims, most attorneys take one-third of the final settlement, but this may range from 25% to 40%, depending on many factors. Each attorney will charge their own percentage, and this percentage is affected by their own experience and skill. It is also affected by the complexity of your case and whether it is expected to go to court.
Typically, personal injury and car accident attorneys charge a contingency fee, but it is important to discuss costs prior to hiring an attorney.
Skilled Representation by the Law Office of Lyndon R. Helton, PLLC
At the Law Office of Lyndon R. Helton, PLLC, our team has worked for years representing injured victims in Caldwell, Burke, and Catawba Counties. Contact us today to see how we can help.