Who Pays a Car Crash Injury Settlement?

 Posted on September 12,2024 in Car Accidents

If you were injured in a car accident, you likely have several questions about filing a claim to receive compensation. Who will pay you, and how much can you receive? The answers to those questions: it depends. Every case is different, and a one-size-fits-all answer does not exist. Unique case-specific criteria determine liability and potential settlement amounts.

If that sounds confusing to you, you are not alone. Many injured car accident victims rely on an experienced lawyer from James Kennedy, P.L.L.C. to handle their cases and protect their best interests. Call now to discuss your case and learn how we can help.

How Do You Establish Liability?

The first step in determining who will pay your settlement is to investigate your accident. Your attorney needs to find out why and how your wreck happened, and the results should point to one or more at-fault parties. They, along with their auto insurance companies, may be responsible for paying your settlement. For example, many car crashes happen due to:

• Speeding

• Failing to yield the right of way

• Distracted driving

• Driving under the influence of alcohol, drugs, or fatigue

• Disregarding traffic signals and stop signs

• Ignoring traffic laws

• Reckless or aggressive driving

Human errors like these cause the vast majority of motor vehicle collisions in the U.S., and they are all forms of negligent behavior. As such, they potentially give you grounds to receive compensation through a personal injury claim.

It is possible that you are partially responsible for causing your accident. If that is the case, the next step in discovering who will pay your damages is accurately determining your percentage of fault.

Where Did Your Accident Happen?

Every state has negligence laws that govern personal injury cases. You must follow the laws of the state where the accident occurred, even if you live elsewhere. Negligence laws determine your eligibility to receive a settlement and may limit how much you can obtain. For instance:

• In Texas, the state’s modified comparative negligence laws bar injured accident victims from getting a settlement if they are more than 51 percent at fault; in that case, you would be responsible for paying all of your own accident-related damages.

• New Mexico uses pure comparative negligence, which means you can obtain compensation from other at-fault parties even if you are 99 percent responsible for your collision.

In both states, your percentage of fault reduces your settlement amount. For example, suppose you are 25 percent at fault, and your eligible damages total $100,000. The most you could obtain through a settlement is $75,000, leaving you responsible for paying the remaining 25 percent of your damages.

What Are Damages?

Damages in car wreck claims identify specific categories of losses and the reimbursement or compensation you might receive. Your damages might include:

• Lost wages

• Medical expenses

• Property damage

• Pain and suffering

• Anxiety, depression, and PTSD

• Lost enjoyment of life

When you choose James Kennedy, P.L.L.C., we will identify who should pay your settlement, calculate your damages, and work to help you get the maximum available amount.

Call Now for Your Free Consultation With Our Highly Effective El Paso County, TX Car Accident Lawyers

To win a reasonable settlement amount, you need to choose the right attorney. When you partner with James Kennedy, P.L.L.C., we will use our legal knowledge, resources, and experience to help you achieve the best possible resolution for your claim. Call us at 915-544-5200 today to speak with one of our determined New Mexico personal injury attorneys. Se Habla Espanol.