A quick answer to the definition of a "fair settlement" for a car accident is that there is no such thing. Every accident is different, as are the causes and results. Because of that, a fair settlement from a car accident in CT varies depending on the situation in question.
Here are some aspects of a "just settlement," which may or may not factor into what you consider a fair settlement for your accident.
Fair Versus Just
In a fair settlement, everyone victimized in an accident gets made whole. The victim's financial loss, both experienced and projected, gets covered by the party that caused the accident.
In a just settlement, that outcome is the goal, but the degree to which it happens depends on the circumstances of the accident. That can mean a victim does not get a fair settlement but gets a settlement based on the circumstances involved or the law.
Determining Fault
Connecticut is a "fault state," which means the party that causes the accident is responsible for covering property damages, medical expenses, and other expenses caused or associated with the accident. The governing principle in fault states is that the accident victim must prove negligence on the part of the party that caused the accident.
How does that factor into a just or fair settlement for a car accident in CT?
Establishing fault has a higher threshold than the requirement for "no-fault" states. A higher threshold makes retaining a competent lawyer to handle your negligence claims extremely important.
If you are the victim of an accident caused by another, you must establish clear and convincing evidence that the other party caused the accident. Additionally, you must prove the degree to which you did or did not contribute to the accident, a concept called comparative negligence.
Comparative Negligence
Based on the facts of the accident, you will be assigned a percentage of 100% that indicates how much you contributed to causing the accident. The remaining percentage is the degree to which the negligent party is responsible for any damages agreed upon in a settlement or determined in a court case.
Modified Comparative Negligence
Under Connecticut law, a modified comparative negligence model applies. Modified comparative negligence means you must show that you are 50 percent or less responsible for causing the accident. The percentage is determined by facts established by evidence, police reports, witness accounts, and observed environmental factors.
If, for example, you are found to have contributed 20% to the causation of the accident, the other party is responsible for 80% of any agreed-upon or court-determined damages. That would mean that whatever figure is determined to make you whole again will be reduced by 20% and will serve as the final determination of damages.
Settlement Negotiations
In a settlement negotiation, your attorney will negotiate a fair amount of damages based on what they think the overall value of the damages should be. They will consider several factors in determining the initial figure.
Factors that will be part of the damages amount include, but are not limited to:
- Immediate medical expenses
- Subsequent medical expenses
- Follow-up and continued treatment medical expenses
- Associated medical costs (medications, therapy, medical tests, etc.)
- Lost wages
- Transportation costs (the cost of repairing your vehicle or transporting you)
- Reduced projected earnings for your injury and treatment
- Property damages
In addition, based on a formula, your attorney might ask for the following:
- Mental anguish
- Pain and suffering
If you are deceased and your case is brought by a family member, funeral and burial costs factor in as part of a wrongful death suit.
If your case is settled, the total amount of damages will be the figure that your attorney and the negligent party agreed upon, less the percentage you were adjudged to be negligent. In cases where either is contested, the case will head to trial.
So, What Is Fair?
As mentioned, fair does not necessarily mean just. A fair settlement for a car accident in CT ensures that the negligent party fully covers your expenses to make you whole again.
Under the law, the just outcome is damages agreed upon or awarded based on an established damages total minus the percentage you are determined to have caused the accident.
Do You Need a Lawyer for a Fair Settlement after a CT Car Accident?
Hiring an experienced CT car accident lawyer can make all the difference in the outcome of your case. If you experienced severe injuries or were hurt after an accident, you should consult a personal injury attorney about your case. By having legal representation, your lawyer will handle all communications with the insurance company on your behalf and work toward securing a fair settlement for your slip and fall accident. Why risk being unfairly compensated and not having recourse to fix it?
When you hire a car accident lawyer from Brandon J. Broderick, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay.
Don’t wait, contact us today for a free consultation. With our proven track record of success and our commitment to client care, we can turn your setback into a comeback. Locations across Connecticut.