All it takes is one minor accident to change the trajectory
of your life. The consequences of a car accident are far-reaching, and without
any help, they might even overwhelm you.
As a victim, you might find some comfort in knowing that
you’re entitled to some form of compensation. It is important to understand
that some factors that may or may not be within your control can reduce the
amount you’re likely to get in your car accident claim.
Let’s take a look at some of these factors:
Your part in the accident
One of the biggest challenges to a full settlement is
proving the other driver's negligence. The court needs to see that their
failure to act with reasonable care is what caused the accident. Most states
follow a system of "comparative negligence," where the blame is
shared between parties. If you're found partially at fault, your settlement
will be reduced by your percentage of the blame.
For example, let's say a distracted driver rear-ends you at
a red light. You suffer whiplash and require physical therapy. The evidence
clearly shows the other driver was at fault.
However, during a deposition, you mention running a yellow
light at the previous intersection. If the other driver's insurance company
argues this contributed to the accident, even slightly, your settlement could
be reduced by your assigned percentage of fault (e.g., 10% for running the
yellow light).
Minor injuries
There’s a chance that your seemingly minor injuries can be
the reason you get less compensation. The insurance company might argue that
your injuries aren't as serious as you claim, especially if you don't seek
immediate medical attention.
This can be a tricky situation. You might be walking around
after the accident, but the pain from a soft tissue injury can build over time.
Also, if your injuries are not that serious, the insurance
company might begin to question the legitimacy of your claim. They investigate
to know if the “serious crash” that you claimed to be involved in actually
happened.
Your lack of confidentiality
Social media is a great way to connect and stay in touch
with family and friends. At the same time, it can be a goldmine for insurance
companies looking to weaken your claim.
Posting about participating in strenuous activities shortly
after an accident might contradict your claims of crippling injuries. Even
seemingly harmless posts about going to a concert or enjoying a hike can be
used by the insurance company to suggest your injuries aren't as severe as you
claim.
You must be mindful of what you share on social media after
an accident. If possible, take a temporary break or adjust your privacy
settings to ensure nothing you post undermines your claim.
Preexisting conditions
Existing injuries can complicate things, especially if the
insurance company argues the accident aggravated a pre-existing condition
rather than causing a new injury. If you have clear medical records documenting
the pre-existing condition and its limitations, your lawyer could use them to
counter this argument.
The statute of limitations
Personal injury cases have strict deadlines for filing claims. Missing these deadlines can significantly
weaken your case or even prevent you from filing a claim altogether.
Shaky evidence
You might be thrown into a state of chaos when the accident
occurs. The clarity of your memory and the strength of your evidence
significantly impact your settlement. If you cannot remember key details, like
witness statements, police reports, or provide dashcam footage, it will
automatically weaken your case.
Witness accounts can corroborate your version of events,
especially if the fault is contested. Police reports document the scene layout,
contributing factors like weather conditions, and even witness statements
collected at the accident site. Your lawyer would know the right pieces of
evidence to use to replace your shaky memory.
Conclusion
When you’ve been hurt by another person’s carelessness, you
deserve maximum compensation for all your trouble. Your attorney will work with
you to factor in every form of loss you’ve suffered due to the car accident.
You’ll both come up with a solid figure, and then your
attorney will proceed to devise solid strategies that’ll ensure that not one
penny is reduced from the requested compensation.
