There is no average settlement for a rear-end car accident. Rear-end collisions vary greatly in severity, damage done, and injuries suffered. In some cases, both drivers can share fault, while they do not in others. Some victims suffer lasting injuries, while others go back to work within days. These factors make it impossible to determine the potential worth of your claim based on any other accident.
You can learn more about the fair settlement value of your claim by working with a car collision lawyer. They know how to determine the damages you suffered and could face in the future because of your crash. They will fight to help you recover the financial compensation you need because of what you endured.
How Can I Get a Settlement for My Rear-End Car Accident?
Getting a fair settlement for your crash claim requires:
- Understanding the value of your case
- Gathering evidence to support your claim
- Proving liability
- Filing a claim with the at-fault driver’s insurer
- Negotiating for a settlement that falls within the range you established
While you can handle this process on your own, each of these steps can be time-consuming and challenging. This is especially true if you continue treatments for your injuries or have returned to work. An attorney can manage this process for you and seek a payout that is appropriate based on the collision, your injuries, and other factors.
For a free legal consultation, call (800) 537-8185
What Factors Influence the Value of My Case?
The potential worth of your claim depends on the harm you suffered. Did you sustain any of these?
- Physical injuries
- Property damage
- Emotional distress
- Other financial effects
The Severity of Your Injuries
The nature and severity of your injuries are critical factors when it comes to evaluating your claim. For example, a person involved in a rear-end collision with no injuries will receive significantly less than someone who suffered a neck injury in a similar crash.
The injuries you sustained and the necessary treatment will also influence:
- How long you miss work
- Whether you can return to your previous position
- Your future and ongoing care and support needs
- Your psychological trauma
- The physical pain and suffering you endure
Other Harm You Suffered
In addition to your medical care costs, lost income, diminished earning capacity, and pain and suffering damages, your claim could also seek compensation for these financial expenses and losses:
- Repair or replacement of your vehicle
- Rental car costs
- Bus or ride-sharing fares
Shared Fault
State law differs on how they handle any role you played in causing your accident and injuries. For example, in Louisiana (La. Civ. Code Art. 2323) and Mississippi (Miss. Code Ann. § 11-7-15), anyone involved in the accident can sue even if there is evidence that shows they were responsible for the crash.
In Arkansas, Ark. Code Ann. § 16-64-122 makes it so you can only sue if the other party was 51 percent or more at fault.
However, in Alabama, you cannot recover damages if the insurer or court decides you were even partially at fault for the crash. The state Supreme Court affirmed this doctrine in 1980 in Golden v. McCurry.
The Role of a Traffic Accident Attorney in Handling Your Case
If you choose to work with a personal injury law firm on your case, they will know how to identify and gather evidence, develop a strong claim against the liable party, and demand a fair and just compensation package.
They can build support for your claim, value it, file it, and negotiate with the insurance company for you. You can focus on healing, not how to navigate the claims system.
Occasionally, lawyers need to sue the at-fault driver to recover appropriate compensation. Even when this occurs, these cases rarely go to trial. Still, you should understand the deadlines in case this happens. They vary by state:
- Alabama: Two years under Ala. Code § 6-2-38
- Arkansas: Three years under Ark. Code Ann. § 16-56-105
- Louisiana: One year under La. Civ. Code Art. 3492
- Mississippi: Three years under Miss. Code Ann. § 15-1-49
Some cases have exceptions that could shorten the time you have to act. Your lawyer will explain these exceptions to you and determine the deadline in your case.
Click to contact our personal injury lawyers today
Morris Bart, LLC Manages Rear-End Crash Claims for Clients
The Morris Bart law firm offers complimentary consultations for victims of rear-end crashes in the areas we serve. This includes case assessments in Alabama, Arkansas, Louisiana, and Mississippi. We operate 15 locations and are a contingency-fee personal injury law firm. Your family will not need to pay any upfront fees for our services.
Call (800) 537-8185 today to discuss your collision and possible compensation with our team.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.