What is the Average Indiana Car Accident Settlement?
Posted On behalf of Pfeifer Morgan & Stesiak on Jan 31, 2020 in Car Accidents
It is difficult to determine the value of an Indiana car accident without first considering the contributing factors.
Learn more about these factors below and if you have more questions, contact one of our experienced South Bend car accident attorneys.
Factors that Impact the Value of a Claim
Some of the major factors that contribute to the value of a car accident claim may include:
Extent of Injuries
The severity of your injury will directly impact the value of your claim. Serious injuries often result in larger medical expenses, longer recovery time, and substantial pain and suffering.
Medical expenses quickly mount after a car crash, and any reasonable medical costs that are related to the accident can significantly impact the overall value of your claim, even if your insurance ultimately covers these damages. Some of the typical expenses after a serious car accident may include:
- Emergency room treatment
- Ambulance costs
- Surgery expenses
- Follow-up care
- Prescription medication costs
- Mileage to and from medical appointments
- Physical therapy
- Future anticipated medical costs
Amount of Lost Income
The value of your claim may also include lost income if you were unable to work while recovering from your accident or if you had to use your time off benefits to cover some of the days you needed while recovering at home. If the accident caused you to become permanently disabled or you could not return to the same job you had after the accident, you may be eligible to receive compensation for the loss of your earning capacity.
Value of Property Damage
Car accident victims may be eligible for compensation for all economic damages that directly stem from the accident, including the cost to repair or replace their vehicle. The adjuster will determine the property damages based on the type and value of your car at the time of the accident.
How Insurance Limits May Affect a Settlement Outcome
Insurance companies pay compensation to accident victims up to the applicable limits of the at-fault driver’s policy. If the damages in an accident exceed this limit, you may be able to pursue compensation from your underinsured/uninsured (UM/UIM) motorist coverage. This coverage may also apply if you are in an accident with a driver who does not have any insurance.
If you did not purchase this coverage, then your only other option may be to file a lawsuit against the at-fault party directly.
How Indiana’s Comparative Fault Impacts The Final Compensation Award
Indiana uses a modified comparative negligence system. Under this law, accident victims can still pursue financial recovery for damages sustained in an accident, even if they were partially at fault for it. However, they must be 51 percent or less liable for the accident.
If you share liability, any compensatory award that you receive will be reduced by your own degree of negligence. For example, if you were going a little above the speed limit and the other driver was texting while driving, a jury may determine you were 10 percent at fault and the other driver was 90 percent at fault. This means that if your damages were $100,000, your award would be reduced by $10,000, which is 10 percent of the total, and you would receive $90,000.
If you have been injured in an accident and partially contributed to the crash, you may benefit from the experience of a knowledgeable injury lawyer who may be able to help you with your claim
Contact Us to Discuss the Potential Value of Your Claim
At Pfeifer, Morgan & Stesiak, we are committed to seeking the maximum compensation for our clients. We work tirelessly to prove the value of damages you suffered and limit any liability on your part. Additionally, we are prepared to investigate the accident and identify all potential sources of recovery.
We offer you a free legal consultation to learn whether your case may have merit and to get answers to your legal questions.
We encourage you to call today to schedule your free case review: (844) 678-1800