What do I do about a car accident and I am not at fault?

You should consult an attorney with experience in personal injury auto accidents to review all of the facts of the case. It is impossible to give a value of a case without reviewing everything involved including the issue of liability. Is there a police report? Has any insurance company been involved?

Did you file a claim with your insurance company?

To answer your initial question What do I do about a car accident and I am not at fault? if you were injured in a car accident that was not your fault you should attempt to settle with the insurance company for the at-fault driver. If you cannot reach a settlement, you would have to sue the at-fault driver and let a judge or jury decide what your case is worth. As to your second question (How much would an average settlement be for this kind of injury I cannot answer this question without a lot more information. There is no "magic formula" to determine the value of a case. Each case is different and dependent on its own facts. A person is entitled to be "made whole" for injuries and damages sustained in a motor vehicle accident. There are a number of different items that a person is entitled to be compensated for after they have been injured. These include, but are not limited to: whether an injury is permanent; how the injury affected a person while they were recovering; medical expenses; lost wages; pain and suffering; and inconvenience. I would suggest contacting a personal injury attorney to discuss your case. Most offer a free initial consultation and you can get more information about the possible value of your case. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.

You can bring an action for damages in the County where the person who hit you lives or where the accident took place. How much an average settlement is for such matters is a harder question because it depends on several factors not included in your question, including but not limited to where you live, the amount of insurance available, your lost wages or earnings, if any, your medical costs and several other related issues.Board Certified, Consumer and Commercial Law Texas Board of Legal Specialization CONFIDENTIALITY NOTICE The information contained in this message may be privileged and confidential and protected from disclosure. If the reader of this message is not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer.

You should retain an attorney. There is no average settlement for this type of case, because each case is different, and your case is not like any other case. Even if I were to try to estimate a fair settlement, you have omitted all of the important factors that should be considered, including, but not limited to: How much insurance coverage is there? How much are your medical bills. How much are your estimated future medical bill? What are your lost wages? What is your diminished earnings capacity in the future. How severe is your pain. How does the pain affect your activities? How does the injury affect your ability to lift, bend, kneel, reach, walk, stand, sit, etc.? How much damage was done to the vehicles (this may seem irrelevant, and it should be, but this is a big factor to insurance adjusters and juries)? How old are you? What was your general health before the accident? Was there any pre-existing medical impairment to your spine? I have worked on personal injury cases since 1994 (and graduated law school and passed the bar). Each case I work on is difficult for me. For someone who is not a lawyer, it is impossible. Do yourself a favor and find a lawyer to help you.

First of all, please know that in Louisiana you only have one year from the date of the accident to file suit or to settle your claim against the at-fault party and his insurance company. If you fail to do either of those, then you lose your legal right to recovery. There are some exceptions but very limited. If you are still having problems, then I do not recommend that you settle your case. However, without more information regarding the specifics of your injuries, medical treatment, and medical expenses, I am unable to give you an amount that I believe would be a fair settlement. Please feel free to contact my office as soon as possible to discuss further.

There is no such thing as an average settlement. You need to consult an attorney and show him your medical reports and bills. The settlement will be based on the severity of your injury and the treatment required to cure you. The settlement should include reimbursement of your medical expenses, compensation for time missed from work, and additional compensation for your pain and suffering.

The value of your case depends on many factors, however, you have two years from the date of loss to file a formal claim. Given the nature of the injuries and the amount of treatment, 9 months without resolution, you have a significant case that likely won't resolve for reasonable value without the assistance of counsel. You also may have limitations on how much you can recover based on the amount of insurance maintained by the at-fault party.

IF you are in Michigan, we are a no fault state, and therefore the damage to you car, and your medicals are paid by your insurance company. If you suffer significant injuries."are above the threshold" it is possible for you to bring an action against the other driver. From you description, it would appear that your injuries may be that serious. You should seek counsel immediately, as there are very strictly enforced time limits for you to bring a suit. You are welcome to call my offices.