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Important Factors That Could Affect the Strength of Your Claim Against a Negligent Driver—and the Amount of Your Compensation

Drew Duncan
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Partner at Zimmer, Duncan and Cole, LLP

There are many factors in car accident cases that determine the amount of settlement the victim receives and how long it could take to settle a claim. This is why your attorney—even when he has settled many claims against negligent drivers—cannot give you a precise figure as to how much your claim is worth. However, understanding how certain factors can strengthen—or weaken—your ability to settle your claim for its true value can give you a better sense of what will happen in your case.

Four Critical Factors That Can Determine the Strength of Your Car Accident Case

In order to obtain the settlement you deserve, you will need to prove the other driver’s negligence in causing the crash and your injuries and the extent of your injuries. Four factors can significantly increase or decrease the strength of your claim and the amount of the settlement your attorney is able to negotiate for you. These include the following:

  • Your consistency. You will have to tell a number of people how the accident occurred. You could discuss this with the police and emergency medical technicians at the scene, doctors treating you right after the crash and during the course of your treatment, your insurance adjuster, and the adjuster for the negligent driver. Your consistency in how you explain what happened will affect your credibility—or believability—as a witness. The more consistent you are, the stronger a witness you will be if your case goes to trial. This strengthens your claim and its value.
  • Strong evidence of negligence. If you have clear cut evidence that the other driver was negligent in causing your accident, this will eliminate one area of dispute with his insurance adjuster and increases the value of your claim.
  • Your medical reports. The negligent driver’s insurance company will look carefully at your medical reports to see if the medical test findings and your doctor’s opinions support your claims of how you were injured and the level of pain you are suffering. If the reports are consistent with your claims, this could persuade the adjuster to settle your claim for what you are asking for—or close to this amount.
  • Your post-accident lifestyle. Again, your consistency is the controlling factor. Your statements about how your injuries impact your life and your actions must be consistent with the seriousness of the injuries you say were caused by the crash. Adjusters and attorneys for the negligent driver’s insurance company could search your social media sites or hire an investigator to try to catch you doing activities that you claim you were too hurt to do or say something that suggests this. If they discover you engaging in inconsistent activities or saying things that show that you really are not seriously injured, the value of your claim could be reduced dramatically.

If you were injured in a car accident caused by a negligent driver, let our experienced legal team help you build a strong case for you so that you receive the compensation you deserve. Start an online chat or call us at 888-733-2992 today to schedule your free, no-obligation consultation.


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