How much to ask for in a car accident settlement depends on multiple factors, including the severity of your injuries, your lost income, and the available insurance coverage to provide compensation.
An experienced car accident attorney at Spiva Law Group can review your car accident in Georgia and determine the fair value of your claim. The following are factors you should consider when estimating the potential value of a car accident settlement.
How Does Injury Severity Affect the Car Accident Settlement Amount?
The severity of an accident victim’s injuries plays a substantial role in determining Georgia auto accident compensation. Many car accident victims sustain minor injuries, such as soft tissue injuries. They typically lead to smaller settlements because they require less treatment and cause fewer long-term consequences. Serious injuries, such as spinal cord injuries or traumatic brain injuries, have more wide-ranging impacts and often produce a higher Georgia accident settlement value.
Severe injuries do not just generate high medical expenses. They may limit your ability to work and affect your ability to live independently and enjoy life. You may demand compensation for these non-financial losses, as well as medical bills and lost wages in a personal injury lawsuit. Most lawsuits end in settlements.
What Damages Can You Seek in a Georgia Car Accident Settlement?
Georgia auto accident compensation can account for the physical, emotional, and financial harm caused by the at-fault party. Depending on the circumstances of your auto accident, you may have a right to seek compensation for financial losses resulting from the accident, such as:
- Medical bills and future medical treatment needs
- Lost wages and reduced earning capacity
- Property damage to your vehicle
You may also be entitled to seek non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
The appropriate settlement amount to demand in your case depends on the specific details of your car accident. An experienced car accident attorney can help you evaluate the value of your case.
How Does Fault Affect Your Settlement Amount?
Georgia uses a modified comparative negligence rule to apportion fault and award compensation. Under this rule, you may recover compensation for a car accident for which you were partially at fault, as long as you bear less than 50 percent of the fault. Any compensation awarded to you will be reduced in proportion to your share of fault.
Insurance companies often try to shift blame to reduce claim payouts. An experienced personal injury lawyer can gather evidence to prove the at-fault party’s negligence and then submit a settlement demand letter amount that represents a full and fair settlement.
What Are Common Mistakes When Calculating Georgia Car Accident Settlement Demands?
Simple mistakes can quickly compromise your car accident claim if you are not careful. Here are some common errors that could leave you with less than you need after a car crash:
Only Including Current Medical Bills
Georgia accident settlement values should reflect both immediate and future expenses, such as future medical costs that victims of catastrophic accidents will face. The injury claim should account for future needs, such as ongoing therapy, long-term treatment plans, and living assistance.
Not Valuing Pain and Suffering Properly
The impacts of a car crash on your daily life often prove to be the most significant consequences. Many people either ignore or devalue the pain and suffering they’ve endured and undervalue their personal injury claim as a result.
Accepting the First Offer
Insurance companies often pressure victims into accepting quick, lowball offers before the victim understands the full extent of their injuries and financial losses. You must wait until you have reached Maximum Medical Improvement (MMI) and doctors understand your long-term outlook before settling a claim. Otherwise, you may be left with unpaid medical bills and other expenses.
Not Accounting for Comparative Fault
Under Georgia law, you can recover compensation for a car accident as long as you carry less than 50 percent of the blame. However, your compensation will be reduced by your percentage of fault. It’s important to consider this rule when determining your claim’s value. A Savannah car accident lawyer can help you understand how this applies to your legal claim.
Undervaluing Permanent Injuries
Many car accidents have lasting consequences. Permanent injuries can come with lifelong medical expenses and care needs, reduced earning capacity, and emotional distress. Georgia car accident victims don’t always consider the full scope of these impacts when valuing a claim involving permanent injury.
What Happens When the At-Fault Driver’s Insurance Is Not Enough?
Georgia law requires every driver to carry auto liability insurance. If you suffer injuries in a collision caused by another driver, the at-fault driver’s auto insurance should provide coverage for the accident. All auto liability policies must cover at least:
- $25,000 for bodily injury per person
- $50,000 per accident
- $25,000 for property damage
Unfortunately, these coverage limits may be inadequate in serious accidents, leaving victims in significant financial distress. If the at-fault driver’s insurance cannot cover all your losses, you still have options.
You can file a car accident claim under your own uninsured/underinsured (UM/UIM) motorist coverage if you carry it. Underinsured motorist coverage can bridge the gap between the at-fault driver’s insurance policy and your actual losses. You may also file a car accident lawsuit and pursue compensation directly from the at-fault driver, although this route can present some challenges.
An experienced car accident lawyer can evaluate your case, determine all available sources of compensation, and discuss the steps you can take.
Does Georgia Have Caps on Car Accident Damages?
Georgia does not cap most compensatory damages in car accident claims. You can pursue a financial recovery that fully reflects the impact of the car crash on your life and finances.
However, some limitations may apply in specific situations, such as cases involving punitive damages. An experienced attorney can help you understand these rules so you can set realistic expectations and pursue the maximum compensation allowed by law.
Contact a Georgia Car Accident Lawyer
The experienced car accident attorneys at Spiva Law Group have been tackling the toughest Georgia car accident cases since 1984. In that time, we’ve recovered over $500 in verdicts and settlements for our clients. We are proud of the testimonials from former clients about the quality of our legal service. We offer a free consultation to help accident victims understand their legal options.
If you’ve suffered injuries in a car accident in Savannah and you are unsure how much your car accident case might be worth, our legal team is ready to help. If we handle your case, our personal injury lawyers will investigate the accident, gather evidence, and consult medical professionals to determine your ongoing medical needs. We will fight for maximum Georgia auto accident compensation on your behalf. Contact us today for your free case evaluation with a dedicated car accident lawyer.
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