Compensatory Damage Caps And Reductions
Depending on the state in which you live, you may be limited by statute as to the amount of compensatory damages you can receive. Your damage award may likewise be diminished if you live in a contributory negligence state where the jury can attribute a percentage of fault to each driver involved in the accident and reduce your damage award accordingly. For instance, should the jury determine that you were 25% responsible for the accident while the person you are suing was 75% responsible, it can reduce any compensatory damage award that it would otherwise have given you by 25%.
The Things To Watch Out For After A Car Accident
It is perfectly normal to be frightened if you are involved in a car accident. It is more common that you may think to experience symptoms of post-traumatic stress disorder which includes experiencing the following emotions:
- Anxiety and an increased heart rate when faced with any sort of reminder of the incident
- Reacting to the honk of a car horn or the screeching of brakes which activate a fear response in you
- Being on edge when you are at the wheel of a car
- Being easily startled when travelling in a car
- Becoming a lot more watchful of everything that goes on around you a typical example being to watch out for people you think are driving much too fast
- Avoidance a need to avoid specific situations or to become hesitant when driving
All of the above symptoms are natural reactions to a traumatic experience that involves being in a car accident. It is your bodys way of protecting you against any real or perceived dangers which in short, helps keep you from being involved in a similar traumatic event.
The symptoms you experience following a road traffic accident should subside with time. However, if your symptoms persist and seem to be getting worse, it could mean you are developing post-traumatic stress disorder and you should seek help and support to prevent any feelings you may be experiencing from getting any worse and spiralling out of control.
How Much Compensation For Post
The guidelines for PTSD compensation payouts have been determined from previous cases involving psychological trauma because of threatened death, sexual violation, and serious injuries. As every PTSD claim is unique and symptoms may differ in severity or type from person to person, so can the compensation amount you actually receive. Speaking with a personal injury solicitor should give you a better indication.
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Contact Preszler Injury Lawyers Today
The amount of compensation you may receive for the injuries you sustained in a car accident depends on many factors that are unique to your case. Based on the details of your situation, a personal injury lawyer may be able to provide you with an estimated settlement amount together with the rationale as to how the amount was arrived at. For a free, initial consultation, call Preszler Injury Lawyers today at .
$70000 Car Accident Settlement Involving Pedestrian
A driver saw a hose in the middle of the street while driving in Southern California. It was day time. She wanted to get the hose, so she made a U-turn. The driver exited the car to retrieve the hose. Another driver hit her when she was walking back to her car.
Additionally, her attorney claimed the pedestrian accident caused a broken leg, sacrum fracture, shoulder impingement, herniated discs, and four bulging discs.
USAA insured the at-fault driver, and it quickly paid $70,000 to settle the pedestrian hit by a car claim.
What Factors Can Affect Your Whiplash Car Accident Settlement
In addition to the extent of your PTSD and its impact on your life, there are other factors that contribute to the amount of your financial recovery. Every client should understand that the value of their case is maximized by how far we can push for clients to get the most compensation possible. This means factoring in:
Calculating the full value of a PTSD case is complex, especially when maximizing the full value of a case means understanding what future costs may be in store. This means that these cases need to be handled by attorneys who not only will listen to your story and trust your understanding of how your car accident has impacted you but also understand how to craft a strong case.
We Will Do All We Can To Fight For You
PTSD can be invisible from the outside, but its symptoms can be very real and very difficult for survivors of car accidents. We are here to listen to your story and provide compassionate representation from start to finish of your case.
We can handle every aspect of your case so that you dont have to face the prospect of being re-traumatized by the details of your accident. We can:
- Investigate what happened and compile evidence
- Negotiate and litigate on your behalf
- Handle all necessary communications with insurance companies and other parties
- Ensure your case complies with any important laws, such as Nevadas statute of limitations detailed in NRS §11.190
We offer case reviews for free, and we work based on contingency, meaning that you pay nothing upfront. We only take payment if we win your case.
Complete a Free Case Review form now
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$600000 Brain Injury And Ptsd Settlement
A driver on I-495 in Virginia veered sharply across three lanes of traffic and hit the plaintiffs vehicle on an I-95 off-ramp. The collision caused the plaintiffs car to slam into a retaining wall.
EMT and ER records showed no facial or head trauma. However, the next day, photographs of the woman showed facial swelling and several abrasions. Her doctor confirmed these injuries.
The plaintiff suffered panic attacks, flashbacks, crying spells, and smelling burning tires and gas for weeks after the accident. Her doctor diagnosed her with PTSD. Also, she suffered headaches, memory loss, and difficulty finding words for months after the accident. A neurologist diagnosed her with a mild traumatic brain injury . Now they sought a traumatic brain injury PTSD settlement.
The plaintiffs attorney retained an expert on PTSD and TBI. He testified that her brain injury made her PTSD worse and vice versa.
While the defense contested liability, the insurance company eventually offered a $60,000 concussion PTSD settlement. But the plaintiffs attorney aggressively negotiated until the day before trial. The insurance company increased the payment to $600,000.
Determining The Severity Of Your Injuries
The severity of a car accident victims injuries can play a significant role in determining the settlement amount they are awarded. Common injuries resulting from car accident that may entitle victims to compensation include:
- Head injuries, including concussions
- Disfigurement or dismemberment
- And more
Settlement amounts may be able to cover the costs of medical expenses incurred by injured victims, as well as an estimation of medical costs they may be required to pay in the future.
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What Is Expert Testimony And Why Is It So Important
In some court cases subject matter is introduced that will not make sense to the average person. Although most people have a basic grasp of what PTSD is, the legal system does not trust an ordinary juror to determine whether someone is suffering from PTSD. This is where an expert witness is brought it to do the assessment and define the concept for the court.
According to the Law Dictionary, an expert witness is:
A person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been witness to any occurrence relating to the lawsuit or criminal case.
If a lawsuit goes to trial, an expert witness testifies as to what PTSD is and if someone is within those general parameters. If the expert witness has extensive experience with a patient they may speak in terms of diagnosis.
But generally, they are not authoritative in this way. The expert opinion must be backed up by other evidence or fact witnesses who can speak directly to the specifics of the case.
The bottom line when it comes to expert witness or fact witnesses is that the more sources you have to back up your position, the more credible you will be in the eyes of the court.
Other Damages You May Be Able To Recover
Car accident settlements may include compensation for pain and suffering and for lost wages, due to a victims inability to return to work. If a victims injuries permanently reduce their earning capabilities, settlement amounts may include an amount for past and future loss of income.
Settlements may also include the costs of in-home medical care, as well as housekeeping costs if a victims injuries prevent them from performing routine activities.
After a serious car accident, in addition to physical injuries, victims could sustain psychological trauma, such as post-traumatic stress disorder . If the car accident victim sustained catastrophic injuries, they may be able to receive significant benefits from their accident benefit insurer.
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How Are Damages Paid After A Car Accident
When someone hits your car, your first thought likely is What just happened? Your second thought then becomes Am I okay? Regardless, your third thought might be Whos going to pay for this?
Unfortunately, you can expect to sustain some sort of damages in any car accident. At the very least, your car is likely damaged. At worst, you may have received injuries that could result in any or all of the following:
- Ambulance bills
- Nursing home or assisted living bills
- In-home care bills
All these and more represent your damages arising out of your car crash. If youve ever wondered how car accident settlements pay out, the surprising answer is: It depends. While you may assume that the person who caused the accident pays, his or her insurance company will likely be the one signing the check.
Discuss Your Ptsd Car Accident Claim With An Attorney
Given the unique nature of PTSD and related car accident compensation claims, it’s important to have your case reviewed by an experienced professional. The difference in the outcome of your case could be dramatic. Don’t take a chance with your future. Reach out to a personal injury attorney near you today to learn about your options.
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Valuating A Ptsd Accident Case
PTSD caused by an accident can affect your entire life. You should look at how the accident has caused you financial and non-economic harm. Think about your past losses and those you expect to suffer in the future.
You could collect an award that reimburses you for medical costs and damage to your car, truck, bicycle, or motorcycle. At the same time, pain and suffering could make you eligible for compensation. Other losses could include:
- Mental anguish
- Prescriptions for your PTSD and related conditions
- Therapy costs
- Lost wages, benefits, bonuses, and tips
- Reduced earning capacity, if you cannot work to the same levels as before the accident
- Loss of enjoyment of life
- Loss of consortium
Challenges To Proving A Ptsd Claim
PTSD can be more challenging than other, physical injuries to prove when it comes to your car accident settlement. This doesnt mean that what youre facing isnt worth of compensation it is. It just means that you will have to find ways to build your case.
Some examples of proof you could present to substantiate your claim include:
- Formal diagnosis from a doctor & similar reports
- Medical bills for CBT, medications, and other interventions
- Expert witnesses and testimony from other people in your close circle
- Evidence of missed work tied to your PTSD
Of course, an experienced car accident lawyer could help compile this and other evidence on your behalf. Armed with this information, a lawyer then works to negotiate the best possible settlement with the other drivers insurance company.
Remember: once youve accepted a settlement offer, you cant ask for more money later. Thats why its crucial that you receive enough compensation to cover your past and anticipated future medical bills.
Why Choose Bernstein & Poisson
Our legal team here at Bernstein & Poisson is focused on providing high-quality legal representation to those who have been injured. We have helped numerous clients get the compensation they deserve. Whatever kind of injury you have suffered, we do it all. Bernstein & Poisson can use our experience, knowledge, and resources to provide you with an in-depth overview of your case and develop a personalized legal strategy.
Over 60 Years of Experience
Over 100 Million Dollars Recovered!
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We Will Come To You for Your Case Evaluation!
Negotiate A Car Accident Settlement Offer
Dont be surprised if your initial demands are met with a lowball offer. Insurance companies exist, first and foremost, to create profits for shareholders. They will do everything they can to save money paying out claims and settlements. Thankfully, a good lawyer will be skilled in negotiation and help you get the largest settlement possible.
While there may be some back and forth during this process, its important to be patient. Should negotiations stall, you may want to seek additional evidence of the impact your injuries have had on your life. A letter from a doctor or photos of your injuries may bolster your argument. A polite response with additional evidence advocating for why additional compensation is needed can go a long way!
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Ptsd From Car Accident Settlement At Cars
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Ptsd From Car Accident Settlement. Unfortunately, when trying to settle a car accident claim, we have to educate insurance adjusters on the importance of these damages. We cannot tell you the average settlement for ptsd after a car accident.
Less severe ptsd, where after one or two years only minor symptoms remain, can be valued between £3,710 to £7,680. A car accident attorney can help you with this process, including managing your claim and seeking fair compensation on your behalf. Car accident ptsd settlements are becoming more and more commonplace as mental health takes a more prominent role in society.
We Can Prove You Have Ptsd
When you have a broken arm or a fractured skull, these physical injuries are much clearer to prove. Psychological and invisible injuries that may stem from the accident can be harder to demonstrate, however.
We will use the following forms of evidence to prove your PTSD diagnosis and to show the effects of your suffering:
- Testimony from your doctors
- Testimony from experts in PTSD
- Testimony from your family members or others close to you
- Any journal entries or notes about your PTSD after the accident
Sometimes, testimony from experts can be crucial in proving that your PTSD diagnosis was accurate and that you did not have PTSD from some other event outside of the accident. Expert testimony can validate your existing diagnosis and show that your suffering is as you say it is.
This is another reason why you may wish to work with a lawyer from our team if you want to recover compensation for PTSD after an accident. We have contacts with medical expert witnesses and experience building cases like these.
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Can I Get Compensation For My Child Being Injured In A Car Accident
Most parents dread the thought of their children injured in a car crash. You can get car accident claim compensation for your childs injuries after a crash, as with any other passenger.
The first thing to understand in such accidents is that a person under 18 cannot legally file a claim. A person known legally as a next friend can file a claim on the childs behalf. The parent is usually the next friend who files the legal claim. There are no requirements for a legal proceeding to occur to state the person named a next friend.
When it comes to filing a personal injury lawsuit, most states have a statute of limitations of two or three years from the date of injury. But many states statute of limitations does not begin until the child turns 18. Thus, a person injured in a car accident as a minor generally has until age 20 or 21 to file a lawsuit.
When a child is injured in a wreck, they can be entitled to the following damages:
- Medical bills
- Loss of ability to earn a living in the future
- Pain and suffering
- Loss of enjoyment of life
The parents may get compensation for the financial losses they incurred, such as the childs ongoing medical costs. Depending on the case, auto accident victims and their family may get punitive damages. These damages are only for very serious accidents. Punitive damages aim to punish defendants.
Once the court approves the settlement, the next friend will sign off on it. The child is bound by the settlement decision.
Proving Your Losses And Liability
Every injury case should be based on solid evidence, and that is especially true for cases involving intangible damages such as PTSD. We will begin by thoroughly investigating your case to build compelling evidence to prove that the liable party owes you compensation for your damages.
Additionally, we will need to prove that the other party was liable for your damages. While you may think you know who caused your accident, keep in mind that the liable party could be different from the at-fault party. The liable party is the entity that is responsible for paying you, while the at-fault party is the person who caused your crash.
In a car accident case , we may determine many parties could have harmed you, including:
- Vehicle drivers
- Construction crews, if debris or other construction site issues led to your accident
- And more