When you sustain serious injuries in a car accident, it is important that you have a skilled car accident lawyer file and litigate your claim. Not only will you likely require time off from work, but medical bills and other expenses will be piling up, as well. You may have permanent disabilities or disfigurement. You may not be able to return to your job or even in the vocation of your choice. Even when the injuries are not permanent, you will be losing wages as bills and payments accrue.
The Kendall County car accident attorneys at Brassfield, Krueger, & Ramlow understand how important it is to get a fair settlement. It ensures that you will be able to meet your financial obligations while you are still recovering. We also understand that insurance companies will not make it easy on you. You will be required to prove your case and your injuries when filing a claim. Our job is to see that you are compensated for all your damages and not short-changed by the insurance company.
A lot of folks wonder how much their car accident injury lawsuit is worth. There is no real way to tell. There are a number of factors at play.
The first factor is fault. If the other driver is 100% at fault for the accident, then whatever your damages are, you can recover 100% of them. If you are 20% at fault, then you can only recover 80% of your damages. This is known as comparative fault or comparative negligence. When your fault goes over 49%, you may not be able to claim damages against the other driver’s policy. In this case, you will have to draw on your own policy if you have personal injury protection. The rules for that type of policy are different than the rules in a liability policy.
For instance, if the other driver is liable for the damages, you can collect “non-economic” damages such as pain and suffering, loss of enjoyment, or emotional trauma. If you are making a claim against your own policy, you may be limited to medical expenses and a percentage of your lost wages.
In cases where a driver has either fled the scene of an accident or does not have insurance, you can make a claim against an Uninsured/Underinsured Motorist Policy (if you have purchased one). That policy too has separate rules.
One constant that remains in each case is that the insurance company will force you to prove each injury you have and will likely make the process difficult to deal with. If you do not like the figure that you have been offered, call the attorneys at Brassfield, Krueger, & Ramlow Ltd. today. We can help you recover a fair settlement and the full value of your damages.
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