Factors that Impact Car Accident Settlements in Boston
When a car accident occurs, there are many factors that could affect a settlement such as damages, injuries, evidence, and shared negligence. A knowledgeable car accident attorney could review the facts of the claim and help determine settlement which covers the full value of the case.
It is best to speak to a skilled attorney to learn about the factors impacting Boston car accident settlements.
Role of a Jury
A jury could help calculate a settlement by deciding how much the damages are in a case when the settlement negotiations have failed. When the parties have been unable to reach a settlement, that is when they put the case in the hands of the jury during trial.
Even though the case is in court, or a lawsuit has been filed, the parties could still and oftentimes do continue settlement negotiations up until the time that the jury comes back with the verdict. It is possible that while the jury is deliberating, the parties reach a settlement.
Juries have a role to play in determining the settlement value by doing researching how similar cases such as how much they have awarded or how much they have calculated and included in their verdicts.
Another way that a jury could have involvement in a settlement value is if the insurance company was confident going into trial. The longer that the jury is out deliberating may impact the way the insurance company is viewing the case. It might push them to reconsider and to offer more money than they had even to the point before the case went to the jury. Individuals should speak to a skilled attorney to learn about the other factors impacting Boston car accident settlements.
Negligence on the part of the injured person definitely affects the settlement amount and would also affect the amount of a jury verdict if the case does not settle and goes to trial. Massachusetts is a modified comparative negligence state this means the amount of liability that the injured person had reduces how much their case is worth for settlement or how much they could receive in damages if they prevail at trial. They could recover with the damages and settlement being reduced as long as the injured person’s negligence is not more than 50 percent. If it is more than 50 percent, then they receive nothing.
At the settlement stage, if the insurance company for the defendant takes the position that the injured person’s comparative negligence is more than 50 percent or they take the position that they believe a jury will find that it is more than 50 percent, that is going to affect how the insurance company views the case for settlement value. They would be offering a lot less money than if it was not so clear in their mind as to the amount of comparative negligence on the part of the injured person.
There are two main factors impacting Boston car accident settlements. The first is negligence and the second is damages. Boston car accident attorneys could help, first and foremost, by collecting and presenting evidence to show that the car accident was caused by the negligence of the defendant and the way they operated their car. Car accident attorneys in Boston can do that by documenting the accident, gathering documentation concerning the accident such as witness statements apart from the two parties involved and independent witness statements that would support that the defendant, through his or her own negligence, caused the accident.
Photographs and Videos
The diligent attorneys in Boston could also document the points of contact and the impact to the vehicles by obtaining photographs of the vehicles, going to the scene of the accident as quickly as possible and being able to take photographs of the scene. If there were no signs of any tire marks from braking, that could be used to show that the defendant made no attempt to brake or avoid an accident. In addition, sometimes there might be security cameras in the area, either private or public, that might have captured the crash on video.
If there is any bruising on the body as a result of the impact either with airbags, seatbelts, or any impact with any part of the interior of the car, a lawyer would be able to document that. They could also send the injured person for a medical exam with a medical expert to be able to cover the injuries that they received. These are all things that the Boston car accident attorneys could do to help prepare the case for settlement and help maximize the amount of money that the case can settle for.
How a Car Accident Lawyer Could Help
Boston car accident attorneys could gather all of the supporting documentation to support the damage claim, including medical records, medical bills, lost wages, and any documentation concerning any economic loss that the injured person suffered as a result of the accident. With the help of an experienced car accident attorney, you may be eligible to recover compensation for your damages including your economic and non-economic losses.
Schedule a consultation with a seasoned lawyer to learn about the factors impacting Boston car accident settlements. Call today to get started.