You’ve Been In A Rear End Accident, Now What?
It’s no surprise that some car accidents are much worse than others. But even if you have suffered minimal injuries and property damage, a minor rear-end accident can still be a pain in the neck, literally. You have the right to receive compensation following a negligent rear end accident based on losses and suffering. Many factors come into play when personal injury lawyers calculate the value of a rear-end accident settlement; however, no two cases are the same. Although it may be possible to find lists of rear-end car crash settlement amounts, or an average of every rear-end settlement from the past year, those numbers may not be applicable to your specific circumstance.
How Much Should a Rear End Accident Payout?
Your estimated settlement depends on various details in your car accident case. For instance, you might expect a smaller payout if the negligent motorist barely did any damage to your vehicle or property in the crash. On the other hand, if you suffered serious losses, such as a totaled car or long-term injuries, it’s very likely that you would expect a much higher settlement. Understanding your potential settlement after a rear end accident is a crucial reason why having an experienced Baltimore car accident lawyer represent you and your case. Below are the main factors that generally contribute to an accident’s expenses to give you a more detailed understanding to predict the potential payout for a rear end accident.
Medical Costs
In 2019 alone, auto accidents were the cause of over 4.5 million injuries. However, not all car accidents are the same and will not always require extensive medical treatment. Regardless, it’s always a good idea to visit a doctor and get a professional evaluation following an accident to be sure there are no underlying injuries that may not be readily apparent. Common injuries following a rear end collision include neck and back injuries such as whiplash, concussions, and contusions.
Pain and Suffering
It’s common for accident victims to suffer from physical and psychological trauma following a collision, especially if they experienced a serious injury or lost a loved one as a result. Post-traumatic stress disorder (PTSD) is one of the most likely mental disorders accident victims may develop, and those who have to bear this heavy burden have every right to seek compensation. Pain and suffering can sometimes be difficult to prove, but an experienced lawyer can assist you with this and help maximize your rear end accident settlement.
Property Damage
Although property damage may be the most obvious damage factored into your rear end accident settlement total, there are often missed opportunities to increase the settlement. For example, it’s important to understand that “property” includes not only the vehicle but also stationary objects like a fence or a building. Depending on your insurance policy, you may also be able to cover the repair or replacement of items inside the car as well. The payout for a rear end accident ultimately depends on the finer details, and with the help of an experienced auto accident attorney, no stone will go unturned.
Wage Losses
Any time you’re forced to spend at the hospital, at a body shop to repair your vehicle, or tending to other logistical elements following an accident, are all inconvenient tasks that cut into your time to work and make a living. You can and should be compensated for this as long as you document your hours performing these tasks and to demonstrate that you could not attend work as a direct consequence of the rear end accident.
Wrongful Death
Of course, the worst possible outcome in a rear end accident is the loss of life. According to the National Safety Council (NSC), roughly 38,800 people died as a result of these accidents in 2019 alone. Unfortunately, this illustrates a dark reality of the risks of driving on U.S. roads and the unsuspecting collisions that often result in these incidents. Wrongful deaths tend to be the most expensive settlements, and rightfully so.
It’s best to consider all of these scenarios before you conclude what your settlement value of a rear end accident might be. So what is the payout for a rear end accident? Depending on the accident’s specifics, you might be looking at average minimums of $15,000 to more than $150,000. Believe it or not, some cases even reach millions of dollars given the right circumstances. In these high payout cases, the accident most likely resulted in either death, left the victim with severe, permanent injuries (traumatic brain injuries, paralysis, amputation, etc.), or involved a commercial or government vehicle.
Who Is At Fault In A Rear-end Collision?
As a general rule of thumb, the driver in the trailing vehicle is generally the one at fault for a rear-end accident. However, there are specific circumstances where the driver in the front vehicle is actually the one at fault. For example, if the front vehicle stopped or reversed abruptly, failed to use hazard lights, or had malfunctioning brake lights, that driver may be at fault for the accident. Some rear-end accidents can be caused by the manufacturer of one of the vehicles. An example of this scenario would be if the brakes failed due to a design defect that should have been caught by the manufacturer.
How Long Does A Rear End Accident Settlement Take?
In most cases, it depends on how badly you are injured from a rear end accident, and the amount of the available insurance policy limits. If you are seriously injured, and the available policy limits are small, you will likely get a quicker rear end accident payout. On the other hand, if you have a small injury, and the available insurance policy limits are high, then the case will usually take longer to settle. In this instance, you’ll likely need to wait to settle until you have finished your medical treatment.
What Are The Most Common Rear End Accident Injuries?
Far and away, the most common rear-end accident injury is whiplash, a neck injury caused by the abrupt jerking motion of the head and neck. Whiplash can also lead to other related injuries like concussions when the brain strikes the inside of the skull with violent force. Rear-end accidents can also frequently cause back injuries, head and facial injuries, and wrist and arm injuries. Although these are some of the more common rear end accident injuries, there are plenty of other possibilities, especially given the surprising nature of this specific type of collision.
It’s also worth noting that serious rear end accidents can often require serious medical procedures like surgeries to repair any damage that was caused by the accident. However, it’s important to understand that serious surgeries do not always go as planned. There may be complications during the procedure or the success of the surgery may not be likely. Understanding this is critical when receiving care and can protect you from unwanted outcomes. Always speak with your doctor in detail before undergoing any major surgery. Although unlikely, there are plenty of cases where medical malpractice is involved due to lack of information or negligence on the physician’s side.
Do You Have To See A Doctor When You’re Rear Ended?
You should always seek medical attention after any type of car accident, even if you don’t initially feel any type of injury. Although there are instances where there will be no harm done, some rear-end collisions cause injuries with delayed symptoms. This could mean that even a minor ache or pain could actually be a sign of a more severe or underlying injury. Getting checked out by a medical professional is not only the right choice for your health, but it also creates a medical record of your injuries in case an insurance company later questions it when reviewing your personal injury claim.
Is It Easy To Get A Rear End Accident Payout?
You may be thinking that rear-end accident claims are straightforward, especially if the other driver was clearly at fault. However even if liability is not at question, an insurance company can still make getting compensation harder than it needs to be. Insurance companies may dispute the extent of your injuries following an accident or question whether they were really caused by the accident, especially with a low-speed collision. They may also dispute total liability by claiming that you were at least partially at fault, which will reduce your payout under the “comparative negligence” standard used under Maryland law. That’s where a car accident attorney can make a true difference.
Call Hyatt & Goldbloom To Discuss What Your Rear End Accident Payout Could Be
If you’ve been injured in a rear end accident, the skilled legal team at Hyatt & Goldbloom can help. We will thoroughly analyze the details of your case, calculate damages, and negotiate for the maximum settlement. With more than 30 years dedicated to fighting for the injured people of Baltimore, we understand how insurance companies work. If you’ve been involved in an accident, and you’re wondering what is the payout for a rear end accident, give us a call. You may be entitled to substantial compensation for medical bills, estimated future medical bills, property damage, lost earnings, and more. Schedule a free consultation with one of our attorneys to discuss the details of your case.
