Top 4 Factors Affecting How Much Money You Get
You have been involved in an auto accident through no fault of yours. You went to the emergency room. Your car is damaged. Medical bills are piling up. You have missed a week or so from work to treat your injuries. The case looks like a straightforward open and shut situation. Unfortunately, it doesn’t always work out that way. Several considerations drive the amount of money you will receive after payment for medical and legal expenses.
Final Settlement Offer: It goes without saying that the more money there is to work with the higher net amount the victim will receive. A lower percentage of a bigger number - after deductions of expenses - will generally result in a higher net check to the victim compared to a higher percentage of a smaller number.
Medical Expenses: The medical bills incurred can feel like a proverbial double edged sword because higher medical bills typically leads to higher settlement offers but the flip side is the deduction of medical expenses from the settlement offer may materially affect the net amount that the victim receives.
Lost Wages: Did you miss time from work? How much time did you miss from work? What type work do you do or how much do you typically earn? Was your time off medically recommended? Are you self employed? The more complex it is to prove your lost wages, the more adverse it will be towards your net settlement amount.
Personal Injury Protection (PIP) Benefits: Because PIP is akin to 'health insurance' money that you don't have to give back unlike your actual health insurance subrogation obligation, it essentially is an extra pot of insurance funds that increases the net amount of payment received by the victim. Does the victim have any PIP benefits? If yes, how much PIP does the victim have? $2,500? $5,000 or $10,000 +? Given that PIP generally goes towards payment of medical bills (and/ or lost wages), and reduces the outstanding amount of medical bills owed by the victim, it effectively increases the net amount of settlement payment that the victim receives.
We handle auto accidents that result in serious injury or death. Generally, most of our cases settle before litigation but we will file a lawsuit on your behalf if a favorable settlement is not reached. Call the Law Office of Uzoma C. Obi for a free consultation.
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