How Does Negligence Impact the Settlement for an Auto Wreck Case and the Determination of Fault?
In the most basic terms, negligence is the failure to take proper care while doing something. If a party has been negligent in an auto case, that is they failed to take proper care in driving their vehicle; that party is at fault. Whoever caused the accident was negligent in the operation of their vehicle, and as a result, they caused an accident that might have led to injuries. Negligence, therefore, is significant in an accident case because you’ll have to establish that the other person was negligent if you intend to bring a claim against the other driver to recover for damages.
If you caused the accident that seriously injured you, you can have your medical bills paid for by your Personal Injury Protection (PIP), but you can’t sue the other driver for pain and suffering caused by your own negligence. Where you’re alleging damages such as pain and suffering, future lost wages, or future medical problems, you have to establish that the other driver was at fault due to their negligence.
Is There an Average Payout for Pain and Suffering in a Car Accident Settlement Case in Pennsylvania?
Insurance companies often like to put a value range on accident cases, depending on the type of injuries that were sustained in an accident. However, the value of an accident case is very fact specific and varies from case-to-case. Pain and suffering is subjective, and there is no specific formula for determining how much it is worth. The payout depends on the unique factors of each individual case: the type of injury that a person sustained, how that injury has affected her/his life, how the injuries have negatively affected her/his earning power, and how the injuries will continue to affect their life in the future. While it is appropriate to reference past verdicts and settlements, as these may be helpful in estimating the value of a particular case, there’s not a specific number that is applicable to each type of injury.
I Was Struck and Injured by an Uninsured Motorist in Pennsylvania. Is There Any Chance of Recovering Financially for My Injuries and Medical Bills?
The answer depends on your own insurance coverage. When you’re selecting insurance, make sure to purchase uninsured AND underinsured motorist benefits. Unfortunately, there are a lot of people who drive around without insurance. If you are injured in an accident caused by one of these many uninsured drivers, and you don’t have uninsured benefits, you are very unlikely to make any recovery. However, if you purchased uninsured motorist protection that insurance will cover the costs of an accident up to a certain amount. Like any insurance policy, the value of damages that uninsured motorist claims cover vary based off how much coverage was purchased. The greater the amount of uninsured coverage that you purchase, the more money you will potentially be able to recover in the event you are injured in an accident caused by an uninsured motorist.
For those drivers on the road with insurance, many of them are driving around with state minimum coverage. While Pennsylvania requires a minimum amount of insurance coverage for all drivers (15,000.00 per person / 30,000.00 per accident), it is typically not enough to cover the damages caused by a severe accident. If you are seriously injured in and accident, and the negligent party had state minimum coverage, that coverage is not likely to adequately compensate you for your injuries. However, if you purchased underinsured motorist protection, you will have the ability to claim damages not covered by the other party’s insurance.
If you haven’t purchased uninsured and underinsured benefits your potential recovery will be limited to the amount of coverage purchased by the driver who is at fault, and many times that could be zero, or very little. Make sure you always purchase uninsured AND underinsured motorist benefits!
For more information on uninsured AND underinsured motorist benefits and Personal Injury in Pennsylvania, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (215) 279-8400 today.