I was rear ended in an auto accident. How do I calculate a settlement.
Country relating to Question: United States
State (if USA): Colorado
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service. I am very sorry to hear about your rear end accident and hope that you are making a swift recovery.An individual in the state of Colorado who is injured in a motorvehicle accident is entitled to compensation for property damage, related medical expenses, loss of income stemming from the accident, and general "pain and suffering" damages.In regard to proving one's claim of general damages, a general rule of thumb is that a claimant will receive between 1-2 times the amount of their medical expenses in general damages. So, for example, if a claimant accrued $3,000 in medical expenses, a reasonable approximation of their general damages would be between $3,000 -$6,000. Factors influencing this amount are the extent to which the claimant was prohibited from engaging in activities he or she previously had enjoyed and any other "unique" factors that tend to make the pain and suffering from one's injuries worse.In regard to claims for loss of income, it is important to provide documentation of the loss of income in the form of pay stubs demonstrating a reduction in pay and/or in tax returns demonstrating reduced income in this year compared to the 2-3 years prior.In regard to medical bills, it is simply necessary to provide all records and billing statements and add the totals. The same goes for property damage.It is important to note that insurance companies are notorious for attempting to lowball accident victims not represented by attorneys. An individual in your circumstance would benefit greatly from the representation of a local personal injury attorney to protect your interests and negotiate a favorable settlement with the insurance company.Fortunately, most personal injury attorneys accept cases on a contingency fee basis, meaning that no money is paid up front and the attorney gets compensated only if and when a settlement/award is obtained. Their compensation is a fixed percentage of the recovery--typically 1/3.Contingency fee agreements enable parties who would not ordinarily be able to afford an attorney the chance to be represented. While the attorney will take a portion of the settlement, the settlement will probably be much larger than the claimant would have received if they proceeded on their own, and so represented parties often "net" much more than they would if they didn't have an attorney at all.For attorney referrals, visit this link: http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=CA or visit http://www.martindale.com I particularly like Martin Dale because the site allows you to search attorneys by practice area and also provides attorney ratings. Finally I'll add that it is generally best to avoid a "quick" settlement of your claim. Insurance companies favor quick settlements because the claimant will not yet know the full extent of their injuries, whether surgery or injections are necessary, and much else that will affect the value of your claim. Though it is understandable that you may want the money from your settlement sooner rather than later, waiting until the conclusion of treatment, or at least until your condition has stabilized, is typically the better course of action. Of course, it is also important to keep in mind that should you need to sue because no settlement can be reached, a personal injury lawsuit must be filed within two years of the date of the accident in the state of Colorado after which it will be barred as untimely.I sincerely XXXXX XXXXX this information helps you and I wish you the best.If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.Thank you and very kindest regards.
Attorney with significant personal injury experience
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