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Life will never be the same after a vehicle accident.
Seconds can change everything.
You go from zero to worrying about your injuries, dealing with insurance companies, medical bills, and an invisible recovery nobody mentions ahead of time.
All at once.
The physical injuries. The mental trauma. Your auto accident settlement.
It's all connected.
Starting the healing process off right and protecting your legal rights from day one can help with each aspect. That includes knowing how to handle your injuries, along with what to expect from auto accident insurance claims in general.
Choosing to work with a seasoned car accident lawyer in Houston right away can safeguard your rights and drastically improve the odds of maximizing a claim's value. Remember: most of the legal legwork an attorney does before negotiations begin will determine the settlement BEFORE any negotiations even take place.
Here's what you need to know:
Healing From Car Accident Injuries
Car Accident Trauma: The Mental Effects
What You Need to Know About Auto Accident Settlements
Factors that Increase or Decrease Settlements
Next Steps After Being in a Vehicle Accident
Healing From Car Accident Injuries
Think of a vehicle accident injury as the obvious side of the recovery process.
It's not the only side. But injuries require just as much care and attention.
Many auto accident injuries take much longer to heal than expected. Whiplash, soft tissue damage, fractures, broken bones and spinal injuries are just a few examples. Each will come with their own recovery timeline that needs to be followed precisely.
Here are some guidelines doctors and physical therapists will likely emphasize:
Get thoroughly checked out after the accident — minor symptoms can become serious
Don't skip physical therapy appointments
Keep meticulous records of all treatments and diagnoses
Report any changes in your condition to your doctor immediately
Soft tissue injuries and other problems not visible on an X-ray often have delayed symptoms. A victim might feel "fine" at the scene, only to discover a severe injury several days (or even weeks) later.
Insurance companies will look for treatment gaps whenever possible. That's because missed appointments and gaps in medical care are considered evidence the injuries aren't serious.
Don't let that happen.
Car Accident Trauma: The Mental Effects
Can a vehicle accident cause psychological injury?
Most articles about post-accident recovery discuss the physical injuries. The pain, therapy, surgeries, and recovery involved.
But "hidden injuries" like PTSD, anxiety, depression, and phobias are every bit as common.
Oxford University research revealed that one in three crash survivors experience PTSD symptoms, anxiety, depression, and phobias one year after their accident. Sometimes suffering from these problems has little to do with the actual severity of the crash itself.
Mental health problems after a vehicle accident are serious and common.
Here are some examples:
Post-traumatic stress disorder (PTSD)
Driving or riding in a vehicle suddenly feels scary
Depression sets in
Sleep issues and nightmares
Some of these problems won't appear until weeks or months later.
How does this affect physical recovery?
If mental health suffers and help isn't received, it will make it dramatically more difficult to stick with physical recovery. Following a recovery plan, keeping medical appointments, and putting in the work at physical therapy becomes that much harder when dealing with trauma.
Reaching out to a mental health professional after an accident is not a sign of weakness. In fact, it may be one of the best decisions made during recovery.
What You Need to Know About Auto Accident Settlements
And now for the legal side of healing.
Victims of vehicle accidents are entitled to compensation through an auto accident settlement. Things like medical expenses, physical therapy, pain and suffering, and emotional trauma all fall under this.
Everything a victim goes through should be compensated.
Since most injury settlements are negotiated without ever seeing the inside of a courtroom, it's important to know how the process works:
The victim will file a claim with their insurance company
Next, the insurance company sends an adjuster to investigate the accident, make recommendations for settlement value, and may attempt to negotiate a lower settlement amount
If an agreement can't be reached, the case may head to civil court
Think insurance companies have the victim's best interest at heart?
Adjusters want to settle claims as cheaply as possible.
Nationally, the average car accident injury settlement is around $30,416. But some settle for less than $5k. Others settle for well over $100k.
This is contingent on a wide range of factors including overall injury severity, damage to vehicles, and much more. Take these numbers with a grain of salt.
Only 4% to 5% of personal injury cases even go to trial. Preparation and readiness to go to court affects how insurance companies and attorneys negotiate a settlement.
Factors that Increase or Decrease Settlements
Speaking of factors that affect settlement…
Simply put: everything.
The details of an accident, recovery, and damage dictate what a fair settlement looks like. But some things carry more weight than others.
Here's what factors affect settlement values:
How serious the injuries are. More serious injuries = more medical bills, more recovery time, and more money.
Proper documentation. From beginning to end. Medical professionals should outline every diagnosis, treatment, and visit in the file.
Did the victim miss work? How much? Time off work to recover means those lost wages can translate into a claim. Future lost wages can count as well.
Percentage of fault. Every state has laws about who can recover compensation in accidents where multiple parties share fault. In Texas, the ability to recover damages reduces by the percentage of fault. For instance, if a victim is declared 25% at fault for the accident, the recovery would be reduced by 25%.
How much insurance does the negligent driver have? Like any insurance policy, there's a maximum amount they can pay out for a claim. Car insurance policies are often no exception.
A little more than 60% of plaintiffs that go to trial win their case. Personal injury lawsuits have the highest chance of winning at trial out of all major lawsuit categories. But that won't matter without proper preparation.
Anything can change during a lawsuit. Always consult with a lawyer before making decisions that will affect recovery and settlement.
Next Steps After Being in a Vehicle Accident
If an accident just happened, there likely isn't time to read an entire blog post about "what to do now."
Here's a quick-start guide to recovering physically, mentally, and legally after a crash:
Call 911
Document the accident with photos
Gather information from the other driver
Seek medical attention immediately
Don't give any recorded statements
Start a recovery journal
Contact an injury attorney as soon as possible
Pro tip: Complete these steps within the first 24 hours after an accident.
Evidence is lost. Witnesses forget. Insurance companies have time limits on reporting an accident as well.
The sooner action is taken, the better.
Physical AND Mental Injuries Need Attention
Here's what to remember:
Vehicle accident injuries, both visible and internal, require time to heal. Some take longer than most expect. Follow medical professionals' advice completely.
Trauma and mental health symptoms are common after a vehicle accident. Even if things feel okay, keep a close eye on mental wellbeing during recovery.
Document, document, document. Take pictures, start a recovery journal, and hang onto every medical bill like it's proof of the accident.
An auto accident settlement should cover everything experienced while recovering from a crash. Speaking to an attorney after the accident can help identify early on what raises (or lowers) settlement value.
Contact a local car accident attorney right away. Injuries can be hidden. Evidence can be hidden. But statutes of limitations don't hide. A local attorney can help protect rights from day one.
There's a lot to think about after a crash. Take a deep breath and take it one day at a time.
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