The average car accident settlement in North Carolina varies depending on a few factors. A Charlotte car accident lawyer can assess your situation and give you the most thorough description of what you may expect, but there are some general basics regarding what a settlement should cover. Keep in mind that the settlement in a car accident claim is a reflection of the severity of the accident. Each accident is unique, as is its potential settlement.
In a car accident claim, the costs that are directly related to the accident and the injuries associated are primarily covered. Some of the potential costs include:
With regard to car accidents, many injured parties may need to make a decision regarding whether they would rather settle the claim or take it to court. While there is no way to be certain which option is going to be better in each case, there are some general benefits of a settlement that are worth considering.
One advantage of a settlement is the certainty that it provides. A court case is not a sure thing, and there are often situations where a strong case ends up turning out in ways that wouldn’t have been expected. However, with a settlement, you are certain to get the payment that you agreed to.
The second major advantage of settling is the advantage of time. A court case could drag on for months and even years, but a settlement can happen much sooner. In most cases, the compensation is paid out within 30 days of the settlement being agreed to. For some, this could mean receiving the funds years ahead of time.
However, your attorney will be able to advice you on what is the right course of action depending on your unique situation. If taking your case to court will result in the most optimal outcome for your situation, the right attorney will work tirelessly to ensure your compensation is just and that you are treated fairly at every stage.
A: The concept of contributory negligence gives the defendant in a personal injury claim the opportunity to argue that the plaintiff was, at least in part, responsible for the injuries that they suffered. They must prove fault on the part of the plaintiff in roughly the same manner that the plaintiff did regarding the defendant.
In most states, successfully proving this results in reduced damages awarded to the defendant. However, because North Carolina operates under a system of contributory negligence, the result is that the plaintiff cannot collect any damages. One of the major advantages of seeking a settlement is that it can avoid this risk in a trial.
A: How long it takes to reach a settlement will differ depending on the situation and the parties involved. The more complex the case is or, the farther apart you and the insurance company are in terms of the settlement amount, the longer it can take to resolve. However, a willingness by both parties to negotiate without needing to go to court can often be the primary determinant of how quickly a deal is done. Having a lawyer negotiating on your behalf is often an effective way to accelerate the process.
Some settlements can be reached in a matter of weeks, whereas others could take much longer. It is important that you be aware of the statute of limitations on filing a claim. In most car accident cases, this deadline will be three years.
A: Calculating pain and suffering can be one of the more difficult aspects of a car accident claim. There is not a set formula, but generally, a variety of factors are considered and assessed, along with looking at precedence in similar cases. Some of the things that factor into the decision include the severity of the injury, the pain and emotional distress that the injury caused, the medical treatment that was necessary, as well as the impact on the injured party’s life and future.
A: Having a lawyer negotiate on your behalf can be important to ensuring that you get a fair settlement. Not only is the experience that a lawyer brings beneficial, but it also can lead to a more willing negotiation partner. When the other party realizes a lawyer is involved, they recognize that the threat of going to court is real, and they could be more willing to negotiate to avoid that risk.
Getting a settlement that’s fair and properly addresses the costs incurred because of a car accident is critical for those who’ve suffered injuries because of the negligence of others. The process of going up against the insurance companies can be a challenging one. They will often look for any excuse not to pay what they should.