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How is a settlement calculated in a motor vehicle accident case?

On Behalf of | Jul 5, 2023 | Car Accidents

In the aftermath of a motor vehicle accident, victims often face numerous challenges, including physical injuries, emotional distress and financial burdens. If you’ve been involved in a car accident, understanding how settlements are calculated can help you navigate the legal process and ensure you receive fair compensation.

The extent and severity of injuries sustained by the accident victim are central to calculating the settlement amount. Serious injuries that result in long-term disabilities or require extensive medical treatment often warrant higher compensation.

Specific factors influencing settlement

The cost of medical treatment, including emergency care, hospitalization, surgeries, medication, rehabilitation and ongoing therapies forms a crucial component of the settlement calculation. The victim’s medical records and bills serve as evidence for determining the appropriate compensation.

Additionally, if the accident causes the victim to miss work or diminishes their earning capacity, the settlement should account for the lost wages and income. This includes the immediate and potential long-term effects on the victim’s ability to work.

Calculation process

The first step involves evaluating the damages incurred by the victim. This includes assessing medical records, bills and other relevant documents to determine the extent of injuries, medical expenses, lost wages, property damage and pain and suffering. Thorough documentation is crucial in substantiating the victim’s claims. This involves gathering accident reports, witness statements, photographs, expert opinions and other supporting evidence to strengthen the case.

Establishing liability is essential in motor vehicle accident cases. The involved parties’ degree of fault must be determined to assess how it may impact the settlement amount. Investigating the accident scene, analyzing traffic laws and reviewing witness statements can help establish liability.

Connecticut follows a modified comparative negligence rule, which means that if the victim is partially at fault for the accident, their settlement amount may be reduced proportionately. However, if the victim is found to be 51% or more at fault, they may not be eligible for compensation.

Recovering from a motor vehicle accident requires physical healing and securing the financial resources necessary for recovery. Understanding how settlements are calculated can empower accident victims to pursue fair compensation for their injuries and losses.

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