How Much to Expect From a Car Accident Settlement in Philadelphia, PA
Ryan Zavodnick | November 14, 2023 | Car Accidents
Being in a car accident is a stressful and frightening experience for a lot of reasons. Not only are you potentially facing physical injuries, but you’re also likely dealing with emotional trauma, lost wages, and the process of handling insurance claims or even a personal injury lawsuit in some cases.
Because of everything you may be facing, it’s understandable to wonder how much compensation you can expect to receive from a settlement. While the answer isn’t straightforward, as all accidents and cases are different, several factors impact most car accident claims. They will play a significant role in how much you’re entitled to.
The Severity of Your Injuries
The severity of your injuries is one of the most significant considerations in your personal injury claim. The purpose of being awarded compensation is so that victims can be made whole again – put in a financial position as similar as possible to the one they were in before the accident happened.
The more severe your injuries, the more likely you are to have high medical expenses. This can include immediate treatment like ambulance rides, surgery, and hospital stays. It can also include other costs like prescription medications, physical therapy, and anything else needed to help you recover from your injuries.
The more severe your injury, the higher your medical expenses, which in turn leads to a larger settlement offer in most cases.
The Available Insurance Coverage
Another factor that will influence any settlement you receive is the insurance coverage available in your case. Insurance policies have maximum limits, which is the most they will usually pay out for any injuries that occur during an accident.
If you’re in an accident with a driver who has very minimal insurance coverage, you’re going to find it difficult to recover an appropriate settlement. The better the insurance coverage you and the at-fault driver have, the more likely you are to be able to recover adequate compensation.
If your losses are significantly higher than what the maximum payout is, you may be able to file a personal injury lawsuit against the driver to try to recover your losses. This can be difficult because even if you win in court, many people lack the finances and assets to actually pay what the court orders. This means that even though you received an award, you may never be able to collect it fully.
Whether You Were Partially at Fault For the Crash
If you were partially at fault for the accident, your settlement offer will likely be reduced. This is because of a rule known as comparative negligence. In Philadelphia, car accidents are governed by modified comparative negligence. As long as you are less than 51% responsible for the crash, you can still recover compensation. However, anything you receive will be reduced by your percentage of fault.
For example, if your damages are determined to be $50,000 but you were 25% at fault, your compensation will be reduced by 25% to $37,500.
If you are more than 50% at fault, you will be barred from recovering any compensation at all.
The Strength of the Evidence
The strength of your evidence in proving that someone else was at fault for the accident will determine your settlement offer as well. If causation is unclear and you don’t have much evidence to prove the other driver was negligent, an insurance company is less likely to make you a high settlement offer.
If you have strong evidence that the other driver was liable – like surveillance footage and expert witness reports backing up this assertion – the insurance company is likely to want to avoid trial and will make you a better offer.
If they go to trial and you have strong evidence showing you are entitled to compensation, they could end up paying out significantly more than if they settle, which they want to avoid.
The Competence of Your Philadelphia Car Accident Attorney
Having an attorney who knows what they’re doing is a big piece of the puzzle as well. It doesn’t matter how strong your evidence is if you don’t have a legal advocate who can properly present that evidence and negotiate with the insurance company. The more competent your lawyer, the higher your settlement is likely to be.
Ultimately, all settlement offers are made on a case-by-case basis and take many different factors into account. If you have any further questions or need assistance, don’t hesitate to contact us today to schedule a free consultation with a Philadelphia car accident lawyer.
Contact Our Car Accident Law Firm in Philadelphia Today To Get Help With Your Case
To learn more and get the help you deserve, call Zavodnick & Lasky Personal Injury Lawyers at (215) 875-7030 or contact us online.
You can also visit our law firm at 123 S Broad St #1220, Philadelphia, PA 19109.