Injured by a Negligent Driver? 9 Factors That Will Affect Your Settlement – Insights from an Omaha Accident Attorney
If you were injured due to another person’s negligence, then you probably expect the liable person or the insurance company to step up to the plate and pay for your losses. Unfortunately, this does not always happen. At-fault parties often deny liability, and insurance companies have incentive to undervalue or deny claims. This is where an accident attorney may be able to assist.
The most common cause of wrongful death and unexpected injuries is car accidents. For this reason, all drivers in Nebraska must have liability insurance coverage, according to the Nebraska Department of Motor Vehicles. Even if the liable party has coverage, there are several factors that can influence your settlement or verdict.
Contact a Personal-Injury Lawyer
Your first priority after a car accident or another type of injury is to seek medical attention. After treatment, contact a personal-injury lawyer as soon as possible
If the incident happened in Nebraska, then an Omaha accident attorney from Rensch & Rensch Law may be able to help. We can investigate your injury, collect evidence and handle settlement negotiations on your behalf. Our attorneys have more than 45 years of combined legal experience.
If you would like to schedule a consultation, then call 1-800-471-4100. You can also visit USAttorneys.com to learn more about injury claims in Nebraska.
Read on to learn nine factors that can affect your settlement or verdict:
- Medical Assistance
It is crucial that you get medical assistance immediately. If you delay treating your injuries, then it may be difficult to prove the extent of your injuries or tie them to the accident.
According to the Centers for Disease Control and Prevention, car accident injuries cost victims more than $18 billion in 2012 alone. Treatment is expensive and often bankrupts the injured. However, you should not let the cost of health care dissuade you from seeking treatment. You may be able to recover those expenses from the at-fault party or his or her insurance company, or possibly your own insurance company if you have coverage.
- Police Involvement
Insurance companies tend to take claims more seriously when the police get involved. The police report will contain crucial information about the accident and its cause, which can help you prove liability.
- Older Injuries
Nebraska law recognizes that pre-existing injuries can worsen in an accident. However, the other party may deny liability and argue that the medical condition existed before the accident. A doctor’s report can help you prove otherwise.
- Citations
If a police officer cited you for unlawful conduct at the time of the accident, such as drinking and driving, then you will likely be the one paying damages. You may have to pay for your health-care costs and other losses out of your own pocket.
- Your Words
Many accident victims implicate themselves at the scene or make unguided statements later. Be aware of what you are saying. Your words can affect the police report, and if you make a recorded statement to the insurance company, then it may use your words against you.
- Eyewitnesses
Eyewitnesses can help you prove liability. For example, if a witness saw the at-fault driver run a stop sign or a red light before the accident, then his or her testimony can support your claim.
- Evidence
Strong evidence wins personal-injury cases. You need as much as possible. Photographs, medical records, expert witnesses and more will strengthen your claim. Your personal-injury lawyer can help with this.
- Documents
Your accident attorney will need certain documents to calculate damages. Keep all records of medical expenses, therapy visits and days off work.
- Insurance Caps
Before you make your claim against your insurance company, check your policy for payout limits for injuries. If you make the claim against the other party, then his or her insurance provider may also have caps in place.
If you were injured due to another person’s reckless, malicious or negligent actions, then contact Rensch & Rensch Law. An Omaha accident attorney can help you avoid mistakes and guide you through the claims process.
Our lawyers have litigated more than 100 jury trials. If we do not win, you do not pay attorneys’ fees. If you would like to schedule a consultation, then call 1-800-471-4100.
It’s great that you talked about how it’s important to pay attention to what could affect your personal injury case. A friend of mine was recently involved in a car accident, and he’s dealing with the legal repercussions of it. He’s worried about what comes next, and I think my friend must know about your article, so I’ll be sure to share it. Thanks for the advice on how you must hire a lawyer if you’re involved in a car accident.