After a severe injury from a car accident or a slip and fall, you might be wondering how you will pay all the medical bills or afford to be home from work? Thoughts of high medical bills and your spouse having to get a second job may be swirling in your head. However, it is important to remember, at the Law Offices of Jason R. Carpenter, we strive to aggressively defend our clients, advocating for the fairest settlement given their injuries.
There are general elements the insurance company will consider when evaluating your case; however, when you are represented, you can relax and allow us to take care of you and make sure you are focusing on healing instead of insurance negotiations.
Car accidents are an unfortunate way of life. In 2019, the National Safety Council reported 48.3 million injuries from car accidents alone and 173,040 preventable deaths in the United States. Additionally, slip and falls account for almost 8 million emergency room visits. One in three adults over the age of 65 will experience a slip and fall at least once. Accidents are a part of life, but they don't have to cripple you financially. Working with Carpenter Law Firm will ensure you are taken care of professionally.
Severity of Injury and Appropriate Medical Care
The severity of the injury will definitely play a part in the settlement amount. There are a few considerations that can affect how severe your injury is and the settlement. If you are in a car accident and sustain a blow to the head and do not receive medical attention right away, your injury could worsen. In this case, head injuries are severe injuries, but the insurance company will question if the head injury became worse due to the lack of prompt medical treatment.
It is not advised that you ignore possible injuries even if you do not feel hurt. Injuries can take days to surface and become severe. It is best to seek immediate medical care right after your accident to receive the settlement you deserve.
Elements That Influence a Settlement Offer
Insurance companies take a lot of elements into consideration when determining a settlement in your case. Outlined below are the most common elements that can lead to a higher settlement.
- Broken bones
- Traumatic brain injuries
- Spinal cord damage
- Injuries that require immediate surgery
- Treatment from medical personnel and specialists instead of chiropractors and massage therapists
- Permanent disfigurement
- Necessary long term medications
- A large number of trips and follow up visits to the doctor and specialists
- Loss of use of a limb permanently
- Injuries, such as traumatic brain injuries, that require a lengthy recovery period
- Injuries that impact your ability to do everyday activities, depend on loved ones more than you used to, or missing important events in your life
Other considerations that insurance companies will investigate include:
- Witness credibility
- Lack of medical records or a small file of medical records
- Pre-existing conditions
- If you were partially liable for the accident or making your injury worse
- If you were medically evaluated immediately after the accident
- If you follow your doctor’s advice and continue taking all prescribed medications
Taking all these elements into consideration, it would be very helpful to know about these elements prior to any accident. However, this is usually not what always happens. The most important piece of advice is to seek medical attention as soon as you are able to. If you were in a car accident two days ago and have come upon our article, see your doctor immediately. It is entirely reasonable for you to rest for a few days before feeling well enough to be evaluated.
There are two different kinds of damages available in a settlement. The first kind is called special damages. These are damages that are easy to assign a monetary value. For example, medical bills, lost days of work, medical equipment, transportation, etc. These damages do not include pain and suffering, which is a type of damage that is difficult to assign a monetary value.
It is vital to keep all receipts for anything relating to your personal injury case and make sure your personal injury attorney receives them before settlement negotiation.
General damages are the type of damages that are difficult to calculate value. In wrongful death cases, it is challenging to determine the value of someone's life. In-car accident cases and slip and fall cases, there are several general damages that the insurance and/or court will consider when rendering a verdict. The following are the most common elements of general damages:
- Pain and suffering
- Physical impairment
- Emotional anguish
- Loss of companionship
- Negatively impacted quality of life
- Not being about to participate in hobbies
It is agreed that these elements are difficult to determine a value, and the value is usually subjective because all injured victims are different. At Carpenter Law Firm we strive to advocate for our clients when facing pain and suffering and a lowered quality of life.
Insurance companies have a particular way of calculating general damages. Depending on the severity of the case , the insurance company will add up all the special damages and multiple that amount by a number between 2 and 9. The more severe the case, the higher the multiplier.
We are expertly trained in negotiation and have trial court experience to see your case through should the insurance company should refuse to settle. It is reassuring that only 5% of personal injury cases proceed to trial, saving you from having to relive the experience you went through.
Contact Your Experienced and Skilled Personal Injury Attorney
After receiving the medical care you need, contact the Law Offices of Jason R. Carpenter. The firm possesses strong advocacy skills and seeks the best possible settlement for their client. You can trust you are in good hands at this firm and know they are working hard on your case because to us, you are part of the Carpenter Law Firm family. You can reach our offices at (717) 537-0928