Lawyer Car Accident Settlement: Everything You Need to Know
If you or a member of your family has been involved in a car accident, it is clear that you are concerned about being able to obtain the damages you are entitled to. It must be a fair compensation compared to what happened. This means that the amount of payment must be as high as possible in light of the case’s concrete circumstances.
It is not always easy, however, to be able to obtain genuinely fair compensation. Because insurance companies, which are well known, are not charities, tend to settle road accidents with the least possible outlay.
For these reasons, nowadays, it is essential to be able to count on lawyer car accident settlement with substantial experience in road accidents. Because only a professional in the sector is used to dealing with insurance companies, they can manage the situation.
Lawyer Car Accident Settlement: Compensation for Damages in Road Accidents
By way of example, here are some of the first and most frequent damaged items to keep in mind when compensation for road accidents must be paid:
- Damage to the vehicle;
- Damage caused by technical stoppage of the car;
- Non-pecuniary damage, in its components of:
- Physical damage;
- Biological damage;
- Moral damage;
- Existential damage;
- Aesthetic damage;
- Damage reflected;
- Damage from loss of income (so-called “loss of profit”);
- Impairment from “loss of chances. “
Every single item or category of damage must be identified, valued and documented. Otherwise, the Insurance Company will not proceed with the related settlement.
Road Accidents with Direct Settlement
Some road accidents fall under the direct compensation procedure. In a nutshell, this procedure applies to road accidents:
- That only two vehicles are involved;
- With plate;
- With damage to things;
- With any personal injury, you are not exceeding 9% of permanent biological damage.
Since this procedure is quite complicated, it is essential to have a lawyer experienced in a road accident.
Only in this way, you can avoid the risk of being liquidated by your Insurance, as unfortunately often happens.
Who Can Claim Settlement?
Generally speaking, anyone who has suffered damage to their belongings or their person is entitled to request compensation. (By a car accident not entirely caused by him and proportionate to the extent of the damage and the percentage of liability)
The innocent driver:
If the injured party is the driver who is not guilty of the damaged vehicle, they can ask for a settlement. This party may take action to be compensated for all the damage suffered.
The occupant of the vehicle:
If a third party also travels with the driver of the damaged vehicle, the latter will also be entitled to compensation for the damages suffered.
Even the pedestrian can request for compensation. If the accident of two-vehicle harms a pedestrian, he has the right to sue.
The relatives of the deceased:
Very often – sadly – fatal accidents occur on roads. In such cases, the relatives of the deceased can request a settlement. The relatives can ask for compensation to the insurance company for damages suffered following the death of the subject.
Request for Damages (Also Physical) For Road Accident
In principle, our system compensates for two types of damage: property damage and non-property damage.
The damage to the property coincides with the loss of the injured party and is susceptible to economic evaluation.
When we talk about property damage, we generally refer to its two components, namely:
The emerging damage:
The emerging damage consists of the direct injury of the injured party’s assets (e.g., expenses incurred for the repair of the losses suffered by the car);
The loss of profit:
The loss of profit, on the other hand, is represented by the loss of income that the injured person could have achieved if he had not been the victim of the road accident.
The damage which we cannot estimate economically or financially is the non-property damage. For example, good “health.” It presents itself as a unitary category, which contains three sub-categories within it, namely:
- The biological damage (i.e., the lesion of psychophysical integrity);
- The non-pecuniary damage (as a disturbance of mood);
- The existential damage (i.e., harm which results in a reduced quality of life)
Lawyer Car Accident Settlement: What to Follow
The procedure to be followed in the event of a road accident is precise:
The insured involved in a road accident must file a report to the insurance company (his own and possibly that of the vehicle that is considered responsible for the accident).
who can confirm the dynamics of the accident many times, are vital. It is a determining factor for the positive outcome of the claim for compensation.
The claim for compensation:
If the insured-injured party considers himself not responsible in the event, he must request for damages. The right to compensation for damage can be exercised within two years of the event.
Everything You Need to Know in The Event of a Car Accident
If you have been involved in a road accident, always remember that:
You are entitled to compensation even if:
- The responsible vehicle was not insured, or
- The company went bankrupt, or
- It is a stolen vehicle, or
- It has not yet been possible to identify it;
Pedestrians and Cyclists often fall victim to carelessness or non-respect by motorists; experienced lawyers also obtain full damages for them.
The Third-Party Transported on a vehicle always has the right to be compensated even if he did not comply with the rules of the highway. (for example, he did not wear a seat belt).
Although there is nothing that can settle someone’s suffering due to a car accident, however, with an expert lawyer car accident settlement can be done to minimize the pain both emotionally and financially. Our advice would be to take into consideration to consult an expert. Only a lawyer can settle the case between a plaintiff and a defendant.