How is a settlement for nerve damage valued after a car accident?
Every car accident case is different, but there are a few common factors that car insurance companies consider when assessing the settlement value of an injury claim. Let’s take a closer look at those factors here, in the context of a car accident case where a driver or passenger is experiencing nerve damage as a result of the crash.
Severity of your injuries. Nerve damage can run the gamut in terms of seriousness, anything from temporary numbness to long-term loss of co-ordination and mobility.
The extent of your treatment. Did the course of your medical treatment end after one trip to the ER just to get checked out, or did you see your own physician, maybe even a neurosurgeon or other specialist, and perhaps even a physical therapist?
Your prospects for a fast and complete recovery. Were you free of symptoms in a few weeks aside from some mild residual numbness, or will the effects of your nerve injuries be long-lasting or even permanent?
The impact of your injuries on your daily life. Can you do your job and participate in activities just as you did before the accident, or do your injuries limit the things you can do?
The clarity of legal liability for the accident. Is it obvious that the other driver was at fault for the accident, or is liability more uncertain than that?
If the insurance company’s offer is a very low one, during settlement talks you should call attention to the above-mentioned factors when the facts indicate that you may be entitled to more compensation than the insurance company is offering.
And remember that a car insurance company isn’t simply going to take your word that you were injured and then cut you a check. You need to be able to document your medical treatment with records and bills. This will go long way toward proving that your injuries were significant, and also that you were serious about getting better quickly.