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Toll-Free: 866-299-0558
Phone: 702-405-6000
Jones Wilson, LLP
Call: 702-405-6000
Toll Free: 866-299-0558

What factors could affect my car accident settlement?

If a negligent driver in Henderson causes you to suffer serious injuries in a car accident, you have a right to be compensated for your medical bills, lost wages, and pain and suffering. However, this does not mean that you will receive all that you are owed in your settlement.

Factors That Can Affect the Compensation You Receive in Your Henderson Car Accident Case

There are many variables that can increase or decrease the amount you receive when filing a claim with the negligent driver’s insurance company. Some of the most important ones include:

Strong evidence of negligence

When the other driver’s negligence is clear cut, this can eliminate disputes with his insurance company over liability and strengthen the value of your claim. Strong evidence that can establish the other driver’s fault include the police report, neutral eyewitness statements, surveillance tapes, and pictures of the accident scene and damage to the vehicles.

Severity of your injuries 

If you suffered serious long-term injuries, such as traumatic brain injury, burns, spinal cord injuries, or back or neck injuries, you may be entitled to more compensation because the cost of your medical care and time that you will be off work will be greater.

Medical records 

Because your injuries are at the heart of your claim, your doctor’s opinion as to the cause of your injuries and their severity will be crucial in building a strong claim for compensation against the negligent driver. However, if you failed to seek prompt medical care or did not follow your doctor’s advice regarding your treatment, this could give the insurance adjuster ammunition to argue that your injuries are not as serious as you claim

Your own negligence

If you were partially at fault in causing your accident, you may still be entitled to compensation for your injuries. However, the amount that you receive could be reduced by your percentage of fault in causing the wreck. For example, if you were 20 percent at fault and your damages are $200,000, the maximum you may be able to receive could be $160,000—still a substantial sum.

Post-accident actions 

When you claim that you suffered serious injuries that limit your ability to work and perform day-to-day activities, it is important that your post-crash actions be consistent with this. If the insurance adjuster conducts surveillance and discovers you are doing activities that you should not be able to do, this can significantly weaken your claim.

Have You Been Injured In A Henderson Car Accident?

Were you or a loved one injured in a car accident in Henderson? Our experienced car accident attorneys can explain what factors could affect your settlement and will aggressively fight for the compensation you deserve from the negligent driver. Contact us online or call our Henderson law office directly at 702.405.6000 to schedule a free consultation today.

Cory M. Jones
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Representing injured victims throughout Henderson and the surrounding Las Vegas area since 1993.