Factors That May Impact the Outcome of a Car Accident Settlement

Posted on behalf of Peter T. Nicholl in Car Accidents Published on September 12, 2019 and updated on March 7, 2022.

man on crutches shaking handsThere are various factors that can affect a car accident settlement, significantly decreasing or increasing the amount you may be eligible to receive. It is important that you understand these factors so that you have a greater understanding of the settlement process and how the outcome may impact your claim.

If you or a loved one suffered an injury after a car accident, we recommend contacting a Maryland car accident lawyer at Peter T. Nicholl Law Offices for help with your claim. We can explain the factors that affect the value of your specific car accident settlement. Reach out to schedule your free consultation.

Severity of the Injury

The severity of your injury will have a direct impact on the value of your claim. Car accident injuries can range from mild to life-threatening, such as:

  • Bruises and contusions
  • Concussions
  • Broken bones and lacerations
  • Internal damage
  • Spinal injury
  • Traumatic brain injuries
  • Partial or total disability

Duration of Treatment

The length of time you have to undergo treatment for an injury will impact the settlement amount. A more serious injury will require extensive medical care and may take longer to recover, if at all.

A longer recovery period may result in a larger settlement because you will be unable to work for some time. If you recover sooner, you can expect a smaller settlement amount because you are able to work again.

Strength of the Medical Evidence

Medical evidence involved in treatment, diagnosis and future procedures is vital to proving the full extent of the damages you have sustained. The strength of the medical evidence may rely on the following:

  • The details of your injuries
  • Proof in documentation from the hospital or doctor
  • Inclusion of the relationship of your injuries to the accident
  • Lasting impact of injury and possible future complications noted in your medical records
  • Objective proof of the pain and suffering

Proof of the Other Driver’s Negligence

Lawsuits or settlement negotiations require proof of the other driver’s negligence, such as:

  • Police reports filed at the time of the accident that indicate the other driver was cited for a traffic violation or otherwise found at fault
  • Photographs of the scene that indicate how the accident may have occurred
  • Eyewitness statements from bystanders
  • Video surveillance that recorded the accident as it happened

Your lawyer can support the claim by gathering additional evidence you may need to prove negligence.

Involvement in the Crash

Maryland is one of only a few states that follows a pure contributory negligence rule. This rule applies to most personal injury cases, including car accidents. Generally, contributory negligence holds that any injured party responsible for the accident – even one percent at fault – will not be eligible to compensation. Being partially responsible for the crash means you will be barred from recovery.

Own Version of Events

During an investigation into your claim, the other party’s insurance company and legal team will look for anything in your version of events to use against you to devalue your claim. This includes the following:

  • Police report statements
  • Eyewitness testimony

This is why we recommend consulting with an attorney before providing a statement about the crash.

Reach Out to Get Started

If you have been in a car accident, we encourage that you contact a member of our legal team for help. We have many tears of experience obtaining maximum compensation on behalf of our clients. You may be eligible to recover compensation to help cover medical bills, loss of wages, and pain and suffering.

Contact our office today to start your free consultation. We charge you nothing unless we help you obtain favorable compensation. We are available 24/7 to review your claim and answer any questions.

We look forward to helping you. Call 410-244-7005 now.