Neck injuries are common after a car crash or other accident. If someone else was at fault, you might deserve a financial settlement for your costs. However, there is no one specific value as far as what you should settle for after the accident.
There are many factors to consider after an injury accident. We’ll look at some of the most common details that determine what you might deserve as a settlement. Depending on the conditions involved, a neck injury could be worth tens of thousands, hundreds of thousands, or even millions of dollars.
Valuing a Neck Injury Settlement
After an accident, you will need to know the value of your damages. Personal injury damages include:
- Medical bills
- Future medical care
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
When you contact a personal injury lawyer, they will determine the worth of your injuries and damages. They’ll estimate what a judge or jury might award you for what you’ve lost.
Before going to court, most injury victims file a claim with the at-fault party’s insurance company. When filing your claim, your lawyer will outline each damage and the compensation you’re seeking.
Here are some factors to consider when determining your settlement value.
Neck Injury Severity
Neck injuries can vary widely after an accident. Whiplash is a common injury after a car accident, for example. More severe injuries can include spinal cord injuries or herniated discs.
You can typically seek a higher settlement for more severe neck injuries. The insurance company or jury is likely to offer more when you have proof of a severe injury.
If you have an injury like whiplash, see a doctor even if you don’t feel much pain at first. Whiplash is difficult to prove because it doesn’t show up on imaging tests like other injuries. A doctor can give you a physical exam and check for all injuries.
Medical Treatment Needs
The insurance company will look for proof of your medical treatment. If there are no medical care records, the insurer won’t know how to value your damages. It will also look for ways to pay as little as possible.
Be sure to record all treatment you need and receive for your injuries. You’ll have a better chance of higher compensation if you document your treatment costs. If you were not at fault for your injuries, you can seek financial recovery for these losses, according to the Official Code of Georgia Annotated (OCGA) §51-12-4.
Total Damages
Besides treatment costs, you will have other damages from your accident. Your claim should list each damage and determine the total settlement you deserve.
Some damages are more straightforward to prove than others. For example, you can show your medical costs and lost wages through bills and pay stubs. But there are emotional damages from an accident, too.
A lawyer can help calculate your pain and suffering damages. These losses do not have a fixed dollar amount, so your lawyer will come up with the most accurate estimate.
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Proving Fault for a Neck Injury
In Georgia, the at-fault party in an accident is responsible for the damages. According to the Official Code of Georgia Annotated (OCGA) §51-12-33, you can recover damages as long as you were less than 50% at fault. If you were still partially at fault, it would reduce what you can recover.
The court will reduce your damages by the percentage of fault you hold. On the other side of things, you must also prove that the other person or party caused your accident.
You will need to gather strong evidence of fault in the accident. Even if you had no fault in your injuries, you’ll have trouble getting a fair settlement with little evidence.
How to Fight for a Fair Settlement
After you file an insurance claim, the insurance company will typically respond. Most of the time, you’ll get a lowball offer from the insurer. This amount won’t come close to the settlement you deserve.
Thankfully, you and your lawyer can respond with a counteroffer. You might go back and forth with the insurer until both sides can agree to an amount. If all goes well, you can reach a fair settlement and receive payment.
Sometimes, the insurance company will refuse to settle fairly. If so, you might decide to take your case to court. An experienced lawyer can help determine the best steps as you seek an accurate recovery. Your lawyer will help by:
- Gathering evidence from the accident scene
- Compiling proof of your damages
- Calculating your total damages
- Filing the personal injury claim
- Communicating and negotiating the insurance company
Knowing what to settle for after a neck injury is challenging. Since every case is different, it can be hard to determine what you deserve. Thankfully, a personal injury lawyer can help you come up with a fair number.
You must know the worth of your damages after a neck injury. If you accept a too-low settlement, you could end up paying a lot of money for injuries you didn’t cause. Talk to a lawyer today about your accident and your settlement rights.
Talk to an Atlanta Personal Injury Lawyer Today
John Foy & Associates can help after a neck injury from an accident. Our attorneys have over 20 years of experience helping accident victims win what they deserve. We also do not charge you a fee unless we win your case, so there is no risk to get started.
Contact us today to get a FREE consultation. Call (404) 400-4000 or contact us online to get started.
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