Andriotis Law - Clearwater Car Accident Attorney
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- George Andriotis

Why who’s at fault matters for your settlement

Calculating your auto injury settlement can be complicated. An experienced personal injury attorney can help determine who is at fault.

So who’s fault was it, anyway?

Asking a question like that after a car accident might seem a bit tacky to you, especially if people were injured. But at some point, someone’s going to ask.

That’s because determining who’s at fault is the necessary first step in calculating a settlement amount. You have to figure out who gets the settlement before you can figure out how much the settlement’s going to be, after all.

The state of Florida is what is known as a “no-fault” state, which means that no individual can be sued for damages in a car accident case unless severe bodily damages are involved. And while that may sound like it limits your chances of getting a fair and equitable settlement, that’s not necessarily the case. For example, personal injury damages can be awarded for a car accident in a no-fault state.

Your lawyer can help you navigate through the more confusing legal and procedural concepts. Your attorney will also begin building your case by reviewing all the available legal documentation for your accident, including:

Why so many personal injury claims?

The sheer number of personal injury claims is on the rise in the United States, and much of that increase is coming from auto accidents.

While nobody knows for sure why this is happening, a lot of people believe that new technology is playing a role - by distracting us when we should be concentrating on the road.

For example, mobile phones and GPS devices encourage us to take our eyes off the road for just a quick second or two, which can be more than enough time to cause an accident.

Other factors include:

That last one is a big one: Every 30 minutes, someone in the U.S. dies in an alcohol-related collision. The worst part of that statistic is that every one of those deaths is completely preventable.

Rear-end collisions

The most common of auto accidents, rear-end collisions, are usually the easiest to settle.

That’s because there is a long-standing rule that has established that, in nearly every rear-end collision, the “tailing” driver involved is at fault. Insurance companies rely on this rule when calculating and determining settlement offers, and they almost never pursue a liability-based argument.

Determining settlements for rear-end collisions

Rear-end collisions are simple. Because of this, the only variable in a victim’s settlement offer is the damages. Insurance companies actually use a formula for damages when they put together their settlement offers:

Damages Formula

1) Special formula:

This part of the formula is used to determine economic-based claims, and they offer a specific monetary value.


2) Lost income:

3) General damages:

These are generally non-economic damages, and are multiplied on a scale of 1.5 to 5. The multiplier is based on the severity of the damages - the more serious the injury, the higher the multiplier.

4) These three totals are summed, and that number becomes the settlement offer.

Be sure to consult with a personal injury attorney immediately to assist with dealing with the insurance companies and obtain the compensation you are owed.

Don’t hesitate. If you or someone you know has been involved in an auto accident that resulted in personal injuries, speak with an experienced attorney as soon as possible to make sure you get the compensation you deserve.


INJURY SETTLEMENTS

$850,000.00
Auto Accident Settlement 31 year old male was involved in rear end collision and sustained back injuries.

$500,000.00
Auto Accident Settlement 44 year old female involved in rear end collision, resulted in shoulder injuries.

$334,000.00
Auto Accident Settlement Osceola County 62 year old female suffered hip injury

$300,000.00
Auto Accident Settlement Kissimme 34 year old female suffered cervical spine injury

$300,000.00
Auto Accident Settlement Pinellas County 40 year old male involved in a rear-end motor vehicle accident resulting in a herniated disc in his cervical spine

$300,000.00
Motor Cycle Accident Settlement Hillsborough County 29 year old male suffered broken clavicle and lower back injury.

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