What a car accident settlement is worth depends on several things, one of which is to have a good car accident lawyer Portland in your corner.
Also, you need to have injuries and damages you can prove, the other driver must be liable, and have enough insurance to pay you. Keep in mind that most car accident cases settle out of court, so you should have a car accident lawyer Portland Oregon negotiating for you to get the most money.
There are a few factors in your favor in a car accident case, especially if you have an attorney.
First, most insurance companies want to settle the claim out of court. Juries are notoriously unpredictable, and there is a good chance they’ll award you more money than you’ll get in a settlement. Also, trials cost tens of thousands of dollars or more in legal fees, so most insurance companies want to avoid this.
Second, you don’t have as high of a burden of proof of liability in a car accident claim compared to a medical error claim. You don’t need to prove that the driver owed you a duty of care; simply when a driver gets behind the wheel, they are responsible for obeying the law and driving responsibly. Also, it’s simpler to prove that your accident injuries were caused from a car accident than it is to show that a doctor’s mistake caused your injuries.
However, there are some things that can prevent you from getting a settlement:
First, if you don’t have clear proof that the other driver caused the crash, you could come up empty handed. The proof of liability usually comes from the police report, witness statements, photos of the scene, and expert testimony.
Having an attorney to help you prove liability is almost priceless. If you don’t have enough proof of liability, your attorney will figure that out early on and may not take the case.
Second, you need to have enough damages to warrant receiving compensation. You will need to show you suffered injuries by documenting them with medical records, loss of income, and testimony from medical experts.
Getting compensation for pain and suffering is especially tricky, and this is where a good car accident lawyer in Portland, Oregon is worth their legal fee. Your attorney has access to car accident settlements and verdicts in your area with similar injuries, so he or she can be quite persuasive that you deserve money for pain and suffering to some degree.
Third, if you’re in a serious accident with weeks or months of recovery, not having an attorney representing you is almost always a grave mistake. Most lay people don’t have the negotiating skill or knowledge of the law to get as much compensation as a lawyer can get you.
Many people think that when the lawyer takes their legal fee from the settlement, which usually is 33%, they won’t get enough money in the end to make an attorney worth it. This is usually not true at all. Attorneys know how to get the most money possible from tough insurance companies. In most cases with serious injuries, you’re far better off financially by hiring an attorney to represent you.
Another factor to remember with car accident settlements is there are some things out of your control. Many settlements are limited simply because of the insurance policy limits of the other driver. It’s always a good idea to carry underinsured or uninsured driver insurance on your policy so you can get more money in case of an accident.
Also, you cannot control where the crash happened. Some jurisdictions have juries that are more likely than others to award larger verdicts. And some insurance companies are easier to work with than others. Again, that’s why it’s so important to have the best car accident attorney working for you.
Whatever the situation with your serious car accident, your attorney will maximize the chances that you’ll get the money you need to pay your medical bills, cover your lost wages, and receive adequate money for your pain and suffering.
Herron Law Firm 