San Antonio is home to over 31,000 car accidents each year, hundreds of which result in critical and life-altering neck injuries. Despite the seriousness of a neck injury, valuing a neck injury settlement amount is sometimes difficult and complex to calculate as no two cases are alike and a number of factors are usually involved.
Here’s how we’ll help you:
The personal injury lawyers at the Felix Gonzalez Law Firm in San Antonio can evaluate your case and help determine what settlement amount would be fair for your car accident neck injury. Our experienced team has negotiated countless fair settlement amounts for car accident victims and we can also do it for you too.
At your free consultation:
We’ll discuss the facts of your accident and provide a fair assessment of your case.
It is difficult to know how much a neck injury victim will ever receive until the final settlement is negotiated and made. However, there are certain key factors that can be taken into account to calculate a fair settlement depending on the circumstances or each case.
The key factors in determining how much your case may be worth and what fair compensation could look like include:
The seriousness of your neck injury matters. The more severe, long-lasting and life-altering the neck injury, the larger your compensation could potentially be. A neck injury, for example, that resolves after a short period of time and some physical therapy with no disc or nerve involvement may not be worth as much as one with a herniated disk or cervical fracture which may require surgery.
Fault matters. Is the fault of the other driver or their liability clear and established? What’s the likelihood that a jury will find the other driver at fault or liable?
Settlement amounts can be calculated from the degree of fault, liability, and factors like lost wages. These factors will be taken into account by the other driver’s insurance company to determine a fair settlement offer. With our vast experience, we will help you with the hard work of negotiating with the insurance companies and other parties involved. There are many tricks that insurance companies like to pull to avoid paying fair compensation, and we’re here to help you avoid being taken advantage of.
Fault in a car accident is determined by who was negligent in causing the collision. Negligence is determined when someone fails to act as a reasonable and prudent person under the same or similar circumstances. For example, someone running a red light and causing a collision is negligent because they failed to stop when most reasonable people stop at red lights.
Get a police report:
In cases where the driver clearly violated a traffic law fault is much easier to prove. That’s why a police report becomes so important. A police report will state the police officer’s findings based on his or her investigation of the collision. It will include a narrative as to the sequence of the events leading up to the collision. It will also include contributing factors according to the police officer as to fault.
How insurance companies trick you:
Oftentimes an insurance company will try to place fault or blame on you without it being warranted in order to reduce your damages. The insurance company will say things such as: if you hadn’t been speeding you could have avoided the collision or lessen the severity of the collision. This is called comparative negligence in Texas.
Neck injuries can be dangerous and severe. It’s imperative that you seek medical attention immediately.
Get medical attention:
Do not hesitate to call 911 for help and accept medical attention from the first responders. It is important that you seek immediate medical attention for your neck injuries starting with the emergency personnel on the scene. This will not only get you relief from your injuries but it will also start to document and create an accurate record of your injuries.
Get legal representation:
Once you have sought medical attention, seek legal representation. Do not speak with the other driver’s insurance company and admit to any fault or wrongdoing on your part. Most importantly DO NOT accept any settlement amount without determining the full extent of your injuries. The insurance company will often try to make an early and usually small amount to settle your claim while you still don’t know the extent of your injuries.
The personal injury lawyers at the Felix Gonzalez Law Firm can evaluate your case and help determine what a fair settlement amount for your car accident neck injury could be. At your free consultation, we’ll discuss the facts of your accident and provide a fair assessment of your case.
Call us for your free consultation and case assessment today.