If you are suffering from a pinched nerve after a car accident, the average settlement you could expect from a lawsuit or claim will depend on the extent of your injuries as well as the behavior of the parties you are suing.
How the Extent of Your Injuries May Impact Your Settlement
Your settlement will depend on the amount of recoverable damages in your case. You could recover two main types of compensatory damages through your lawsuit or claim: economic damages and non-economic damages.
Economic damages are compensation for financial losses caused by your car accident. If your pinched nerve has made you miss work or required you to receive pricy medical services, economic damages can help offset this cost.
Some economic damages you can recover after a car accident include the following:
- Past medical bills
- Future medical expenses
- Chiropractic services
- Medical equipment costs
- Medication costs
- Lost wages
- Lost earning potential if your injury impacts your future work
The Mayo Clinic reports that pinched nerves can require physical therapy or surgery. Such costs could make you eligible to collect an award.
After suffering a pinched nerve in a car accident, you lose more than just money. You may lose:
- Your health and peace of mind
- Your ability to go through your daily life without pain
- Your enjoyment of hobbies and other activities
Non-economic damages are compensation for these losses.
Once your personal injury lawyer reviews your case and analyzes your losses, they will be able to give you a better idea of the damages you could recover. The amount of your settlement depends on this number, so the sooner you reach out for a consultation, the sooner you can get an idea of your potential settlement.
How Negligence May Impact Your Settlement
The Legal Information Institute (LII) affirms that negligence is an action or inaction that fails to meet the standard you would expect from another reasonable person in a similar situation.
Proving Your Case
Your ability to recover compensation and the amount you can recover depend on proving your case. You and your lawyer will need to present evidence to demonstrate that the following apply to you and your accident:
- You were owed a duty of care by those you are suing to be kept safe.
- They failed to meet this duty of care because of their negligence.
- This failure caused your accident.
- Your accident caused your injuries and losses for which you can be compensated.
Types of Negligence in Car Accident Cases
There are many ways in which a driver’s negligence could contribute to a car accident. We can hold all these negligent parties responsible for their dangerous actions:
- Distracted drivers
- Drunk drivers
- Drivers under the influence of drugs
- Drowsy drivers
- Speeding drivers
To prove that the party you are suing was negligent, we will look for evidence such as:
- CCTV footage
- Witness statements
- Police and medical records
- Other official documents
The more evidence we can collect, the stronger case we can build on your behalf and the more you could potentially recover in damages.
How Modified Comparative Negligence Can Affect Your Settlement
Georgia has something called a “modified comparative negligence” statute. This law allows the amount of damages you can recover to be modified based on the amount of blame you hold for causing the accident (OCGA §51-12-33).
Under this law, you can recover damages even if you believe you are partially responsible for the accident that caused your injuries. This is why you should still reach out to our firm to discuss your options instead of assuming that you have no case.
This law also means that the insurance company may reduce the amount you recover if you contributed to the accident. It is your lawyer’s job to show that the other party was more at fault than you were. Your lawyer will use evidence uncovered through investigation to argue that you are owed the appropriate amount after your accident leaves you hurt.
Call Kaine Law to Learn More About What We Can do for Your Pinched Nerve Case
At Kaine Law, we have recovered millions of dollars on behalf of our injured clients in the Atlanta area. We focus on car accident victims, using our knowledge and experience to get the best possible outcome in their case. Now, we want to help you recover the compensation you need and deserve for your pinched nerve and other car accident injuries.
To get started pursuing compensation for your pinched nerve after a car accident and to learn more about the average settlement in cases like yours, reach out to Kaine Law today. You will get a free consultation when you call.