Rear End Collision Settlement: I Got Rear-Ended, How Much Money Will I Get?
If you’ve been involved in a rear-end accident, then you may be wondering about rear-end collision settlements and whether you could potentially secure a rear-end collision settlement without all the hassle and uncertainty of trial litigation for the rear-end accident. In order to navigate the legal process, however (whether you’re going to negotiate a rear-end accident settlement or push forward to trial), you’ll want to secure the assistance of a qualified personal injury attorney who can provide legal guidance and help you understand the factors influencing settlements, handle negotiations with insurance companies, and ensure you receive fair compensation for your injuries and suffering.
If you’re a car accident victim with severe injuries, it’s critical that you move forward in a timely and effective manner so that you can secure the help you need to make a full recovery — whether that’s through a car accident settlement or by pushing your personal injury case all the way through to trial.
We encourage you to contact us at 1-800-THE-LAW2 so that we can connect you for a free consultation with an experienced car accident attorney in our network (i.e., personal injury attorneys who can handle a rear-end car accident). That being said, if you’d like to learn more about rear-end collision settlements and basic personal injury law before you speak to a personal injury lawyer, then read on! We’ll explore some of the basics in this article.
Rear-end collision settlement — why is it so common?
It’s true that most rear-end accident disputes end in a settlement agreement — in fact, most personal injury cases, including those involving rear-end accidents, end in settlement. A rear-end collision settlement is extremely common. Industry observers estimate that as much as 95 percent of lawsuits are concluded through a settlement compromise.
But why?
Litigation is:
- Inherently uncertain
- Resource-intensive
- Distracting/draining
- Public
- And more
Each of these aspects is sufficient to make parties prefer settlement. For example, all litigation comes with an inherent uncertainty. Even if you have a strong case, it’s not 100% certain that you will win and receive the precise damages amount that you’re requesting. Further, litigation is public, so a business defendant may not want to deal with the potential brand damage that could occur if the details of their negligence are made public through litigation.
Given these (and other) issues, most parties would rather negotiate a settlement and come to an understanding without having to navigate the complications of litigation. That being said, trial litigation is sometimes necessary to secure the compensation you deserve — as such, your experienced car accident attorney should always “prepare” for trial litigation even if the intention is to try and resolve the rear-end car accident dispute through settlement, first.
Who is usually at fault in a rear-end collision?
In a rear-end accident, the fault usually falls on the driver from the rear who collides with the driver in front of them. The reasoning for this is rather straightforward — the primary situation in which a rear-ending driver gets into a collision that’s not “their fault” is because the driver in front of them comes to a sudden and unexpected stop.
Here’s the thing, though: drivers are generally expected to leave enough space in front of them to allow them to come to a sudden stop at their current speeds. If they do not, then that could be considered a form of negligence and could result in liability.
How much injury compensation will I get?
The compensation that injury victims can claim after rear-end collisions will vary quite a bit from case to case — and given that it is so dependent on context and circumstance, there is no “certain” answer here (and that’s true when it comes to the “average settlement,” too).
That being said, in rear-end accident cases, the claimable losses that you may be able to secure compensation for include:
- Lost wages/lost income
- Loss of earning capacity (not present lost wages, but future lost wages measured by the discrepancy in future income)
- Medical expenses (i.e., medical bills charged for medical treatment, including holistic medicine, physical therapy, pharmaceutical costs, and more)
- Property loss
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- And more
It is important to note that car accident cases involving serious injuries may take longer to settle and often require filing a claim in state court to ensure proper compensation.
Suppose, for example, that you get into a rear-end collision that results in serious injury to your neck. You are unable to work for a year. If you’re employed at the time of the accident, then you could claim a year of wage loss — which could be substantial! If you were unemployed at the time of the accident, your wage loss claim would be zero (or close to zero). That’s an enormous difference based on one small circumstantial issue.
Given the variety of circumstances that injured plaintiffs are likely to face, it’s critical that you consult an experienced accident attorney who can account for all your losses and develop a strong strategy for securing the compensation you deserve.
Maximizing a rear-end accident settlement
Settlement agreements are ultimately a reflection of the “likelihood” that you — the injured plaintiff — will successfully obtain the compensation that you’re attempting to claim, should the case proceed all the way through to trial. An accurate reflection of these factors represents a “fair settlement.” There is no real use in evaluating the average payout, as the average payout does not actually represent the particularities of your rear-end accident claim.
If you have suffered injuries, it is crucial to seek legal consultation to understand the extent of your injuries and maximize your compensation.
Factors that will impact your potential success (were the case to proceed to trial) are therefore going to impact your settlement offers. The more likely that you secure the desired compensation, the higher your settlement is likely to be — simple, right?
As such, here are some factors that may influence your settlement offers:
- The evidentiary record in support of your liability claim
- The evidentiary record in support of your damages assertion
- The strength of your expert and eyewitness testimony
- Your “likeability,” as courts and juries are subconsciously biased towards likable plaintiffs
- How relatable your case is (juries tend to sympathize with plaintiffs whose disputes are a reflection of a difficult situation that they can imagine themselves in)
- And more
Other factors (aside from those affecting the “success” rate of a trial) are also likely to influence your settlement offers:
- The overall hostility of the defendant (hostile defendants are less likely to cooperate during settlement negotiations, as they may want to make an “example” out of you)
- The negative publicity and brand damage that the defendant may face if they allow you to litigate the case
- The complexity of the dispute (plaintiffs whose attorneys are working on contingency have more wiggle room, whereas defendants whose attorneys are working at an hourly rate will have much more significant costs as the dispute drags on)
- And more
You do not have an unlimited time to bring a lawsuit for a rear-end collision
If you’ve been injured in a rear-end collision, then you do not have unlimited time to wait and decide whether you should do something about it — the law establishes strict claim deadlines known as statutes of limitation that basically prevent you from “sitting on a claim” for too long.
The statute of limitations imposes a deadline by which you must file your claim. If you delay past the deadline period, then courts are entitled to automatically dismiss your claim on the basis that you have abandoned it or otherwise relinquished your right to compensation under the law.
For example, in California, after a negligence-based accident, you have three years from the date of injury to file your claim. Failure to meet this deadline could prevent you from recovering any compensation whatsoever.
That being said, there are options if you’ve waited a long time, and thereby missed your deadline. Particularly in the rear-end collision context. See, in many low-speed rear-end accidents, your injuries might not be “obvious” right after the collision. Spinal degeneration can be incited by a rear-end collision, but may not be detectable until years later. The law provides for these “delayed discovery” issues with certain injuries and allows plaintiffs to extend their limitations period until the date that they reasonably discover that they’ve been injured.
Given the complications in many cases, it’s worth talking to a qualified lawyer about your claims and whether they’re still actionable.
It doesn’t cost anything upfront to work with personal injury lawyers
Most people believe that legal representation after an accident is expensive and unaffordable for the average person — but this couldn’t be further from the truth!
This misperception is likely driven by popular media, which paints attorney assistance as something that only very rich people use. It may also be driven by the fact that most people use attorneys for help in non-accident contexts, such as with a divorce (and of course, family law attorneys typically work on an hourly basis at high rates, so costs can escalate a lot for individuals who are going through a difficult divorce).
That being said, accident attorneys are a different breed. Most plaintiffs’-side personal injury lawyers work on a contingency fee basis. That means that they don’t cost anything upfront or out-of-pocket. Instead, they agree to work for you on contingency — they will take a percentage cut of any compensation they secure on your behalf (usually anywhere from 25 percent to 40 percent, or more). In other words, they only get paid if you get paid. If you don’t, they don’t.
Simple, right?
Contingency fee arrangements lower the barrier to entry for bringing a lawsuit, as it makes litigation affordable for everyone. You could have zero dollars in your bank account, and you’d still be able to hire an experienced and effective attorney to represent you in your rear-end accident dispute.
The best part is that contingency fee arrangements make it so that the attorney is incentivized to not only secure a win on your behalf but to maximize your compensation. After all, the more that you get paid, the more that they get paid. It’s a win-win.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in a rear-end accident that was not your fault, then you could be entitled to significant damages as compensation under the law (whether through a trial award or rear-end accident settlements with the insurance company and/or defendants). Navigating the litigation process can be confusing and overwhelming for a first-time plaintiff, however — as such, it’s important that you work with experienced personal injury lawyers who can help you move forward in a way that suits your needs.
Contact 1-800-THE-LAW2 for a free legal consultation with a skilled local attorney in our network. During this initial consultation, you’ll be able to discuss the details of your rear-end accident case, evaluate the potential for a rear-end collision settlement, and learn more about what your strategic options are. If you decide that you’d rather not move forward with your case (or with the car accident lawyer), that’s not a problem — there’s no obligation for you to continue. As such, there’s really no downside to picking up the phone and calling in today.
We look forward to assisting you with your rear-end accident claim.
