Car Accident Settlement After a Minor Injury: Can I Recover Damages?

Car accidents, even minor ones, can cause significant damage to your mental health and diminish your quality of life. Furthermore, everyone should be examined by a medical professional after an accident, and that treatment isn’t free. The combination of your medical bills, car repair, and other expenses from your injury can be financially draining, but a settlement for your car accident lawsuit could provide you with the compensation you need to take your life back.

Even minor injuries can have major payouts, and your settlement could allow you to recover damages from your accident. The majority of car accident cases result in a settlement, but your case could end up in court if both parties are unwilling to come to an agreement.

Insurance companies have been known to diminish or deny insurance claims for unethical reasons. They’ll try to lowball you and hope you’ll take their “best” offer so they don’t have to pay you the compensation you’re entitled to. But, with Morgan & Morgan, you can fight back and secure your full and fair compensation.

What Is The Car Accident Settlement Process?

After your accident, you should file an insurance claim with the insurance provider of the negligent party. This claim allows you to recover damages resulting from your accident, such as vehicle repair expenses and medical bills. Even if your injuries were minor, the emotional trauma stemming from your injury could be severe, and you can seek compensation for that emotional damage.

It is recommended that you retain an experienced attorney at this time, as their assistance can be crucial in the remaining legal proceedings. Once you have done so, you can begin gathering evidence in support of your case. Your attorney can collect eyewitness testimony, photo/video of the accident site, and medical records to make your case as strong as possible before negotiations begin. Proving the impact of minor injuries can be difficult, so you should also collect testimony from medical experts to solidify your claim.

Following the investigation, you can begin to draft the demand letter. This letter will be sent to the at-fault party’s insurance provider and will contain a description of your injuries, an explanation of how the other party acted negligently, and a formal request for compensation. Upon receiving this letter, the insurance company will either accept the request and begin settlement negotiations or deny it because they dispute the validity of your claim. If your claim is denied, you can file an appeal with a claims adjuster to reopen the claim.

The statute of limitations for a car accident settlement is dependent on many factors, including your location. These cases can take extensive time to resolve, so it’s important to act quickly. For more information on your state’s statute of limitations, fill out a free, no-risk case evaluation form.

What Damages Can I Recover in My Car Accident Settlement?

The compensation you’ll receive for your car accident settlement can vary depending on the circumstances surrounding your case, such as the location of the accident, the extent of your injuries, and the timeline of your recovery. The emotional trauma you’ve experienced is likely severe, so your attorney should make sure to emphasize this during negotiations. 

Minor injuries can potentially turn into serious future health issues, so ensure your medical report includes any evidence of this. While the details of your case are unique, here are some commonly recovered damages in car accident settlements:

• Medical expenses
• Car repair expenses
• Emotional distress
• Lost wages
• Pain and physical suffering

Contact Morgan & Morgan

In the most difficult moments of your life, Morgan & Morgan has your back. Insurance companies think they can use their resources to bully you into accepting a lowball offer on your injury settlement, but we can help you fight back. You need someone who will relentlessly advocate for what you and your family deserve, and that’s what we do best.

We understand how financially draining a car accident can be, so we’ve made it easy for you to join our team. Our firm operates on a contingency—meaning it costs nothing to hire us and we’re only paid if we win your case. In order to ensure that everyone has the ability to afford experienced representation after an accident, we take our fee out of the favorable settlement or jury award.

Over the last 30 years, we’ve recovered over $20 billion for our clients. Insurance companies are aware of how dedicated we are to our clients and have come to fear us as a result. When they hear you’ve teamed up with Morgan & Morgan, they’re more likely to offer a higher settlement because they don’t want to see us in court. We treat our clients like family and we’ll never settle for a penny less than you deserve.

What Happens After I Settle My Car Accident Case?

In most cases, after you settle your car accident case, you will receive a single check to cover all of your losses and expenses. Because minor injuries can usually be treated within a shorter time frame, you shouldn’t require any more money in the future to cover additional medical expenses. 

When you receive the check, you will be required to sign a release that itemizes exactly what you were paid for and ensures that you won’t later try to request compensation for the same injuries or losses.

How Long Will It Take to Settle My Claim?

Settlement time varies based on the details of your claim. But as a rule of thumb, if you have only suffered minor injuries, your claim should be settled more quickly. 

For most car accidents, you should expect about a month at the minimum for the claim to be settled due to the time needed to collect evidence and determine damages for your case. If your injury takes longer than a month to be treated, the claim probably won’t be settled until all of your medical expenses have been billed.

Can I Negotiate a Car Accident Settlement Without an Attorney?

You should never attempt to negotiate a car accident settlement without being represented by a personal injury lawyer. 

Anything you say to the insurance company can be used against you when the insurance company is determining whether it will pay your claim and how much to pay your claim if it is approved. Without the advice of a lawyer, you are likely to say something that will harm your case without even realizing it.

Furthermore, due to experience with personal injury cases, attorneys are better able to correctly determine the value of a claim. Without that knowledge, you are likely to settle for a lower value than you deserve. 

And if you err on the other side and try to negotiate for significantly more than is warranted, the insurance company won’t take your claim seriously.

What Should I Do if My Doctor Determines My Injury Is Worse Than It Seemed?

If your injury proves to be more serious than it seemed at first, have your doctor put that new assessment in writing. Until a settlement has been finalized, your attorneys can negotiate for higher compensation when new information arises. 

You just need to provide the medical records that prove that you will require additional and more expensive medical treatment to get better compensation for your injuries. This is part of the reason that most cases won’t settle until you are fully recovered from your injuries.

I Am Getting Medical Bills Before I Received My Settlement. How Do I Pay Them?

Unless you have money squirreled away for a large expense, you probably can’t pay your medical bills until you receive your settlement. However, that doesn’t mean you have to get in trouble with bill collectors. 

Your attorney can draft a letter of intent and send it to any doctors or hospitals sending you medical bills. This letter informs them that you are negotiating with the insurance company and that you will pay all of your outstanding medical debts as soon as your settlement is paid. 

Most medical bills will be put on pause after the debt holder receives a letter of intent.

Can I Receive Compensation for a Car Accident if the Accident Was My Fault?

The laws in every state are different regarding fault and insurance. However, in general, you should always be able to receive compensation from your insurance company for injuries and damage to your vehicle, assuming you have the right type of insurance. 

Additionally, fault laws vary from state to state. Even if you are mostly at fault for an accident, you might be able to receive some additional compensation because the other driver was at least partially at fault.