You might have to go through a tough battle in San Diego when you negotiate a settlement after a rear-end collision. You must track your medical needs, recovery costs, and damages to get fairly treated compensation. If it seems complicated, you can hire a personal injury lawyer to negotiate and investigate the case on your behalf. So, let’s learn about the average compensation for rear-end accidents in San Diego.
Average settlement compensation
The compensation range also varies depending on the circumstances and the severity of the injury. If somebody faces a rear-ended accident on a motorcycle and the accident results in significant injuries or trauma, then based on the nature of the situation, medical treatments required, and rehabilitation, the insurance company would decide on a certain amount. If this amount underestimates the medical expenses and long-term injuries, the claim amount can be increased after repeated negotiation and by presenting the medical documents. Remember that expert testimony is also required.
If you suffer from pain in a rear accident, it is considered non-economic damage in a personal injury lawsuit and covers proper compensation. A personal injury lawyer San Diego usually counts these among the intangible aspects of the injury, such as loss of enjoyment of life or emotional distress. Make sure you highlight all the aspects of the case and list the damages incurred so that when the lawyer is fighting on your behalf, he can put all the proofs across the table and claim a suitable compensation amount.
Factors that impact the settlement amount
After a rear-ended accident, several factors significantly impact the settlement amount, from the fault of medical bills to loss of wages. Here are the prime aspects affecting the settlement amount:
- If the accident has resulted in cases that require extensive medical treatment and have a long-term impact, then a higher settlement is demanded.
- If the accident has led to medical bills for the present and future, along with loss of wages and property damage, then the settlement amount is higher.
- If the accident resolves into intangible loss, such as pain, emotional distress, or loss of consortium, then the insurance company has to pay a settlement amount.
- If both parties are found to be partially at fault, then the settlement amount can be reduced based on the percentage of fault.
- The settlement amount gets capped by the insurance policy limit of the at-fault driver.
Necessity of legal representative
When it comes to settlement, a lawyer can negotiate on your behalf. The presentation of evidence, gathering documents, and repeated reminders to the insurance companies can only be done by an experienced personal injury lawyer. This has a significant impact on the amount that you would receive after the settlement.
The company would aggressively minimise the compensation, but only a professional lawyer can help you. You will only receive a higher claim amount if you have no or little fault compared with cases of partial responsibility for the accident. Have a detailed discussion with the lawyer so that you know what to do.
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