Legal Question in Personal Injury in North Carolina
Compensation for injury of automoblie accident
I was a victim in an auto accident. I was stopped at a light and hit from behind by a minivan. I have chronic back and hip pain, a 10% disability rating, and had to change my career due to my injury. How do I find out the amount of compensation I deserve for injury suffered from the car accident? The other person was at fault and given a ticket.
1 Answer from Attorneys
Re: Compensation for injury of automoblie accident
As to how to find out the amount of compensation, I would say you either negotiate with the insurance company and reach a settlement or take it to trial and have a jury decide it. Unlike other areas of law, such as workers compensation, where a formula or grid may be used to determine compensation, determining fair compensation for a "tort" is not scientific. You can be awarded your medical expenses, lost earnings, and pain and suffering. If you have sustained a loss with your career change, that that is recoverable as lost earnings. These are very difficult things, and you may want a lawyer to assist you, as they have experience with valuing these and working with the insurance companies, and maximizing your recovery. You may, for example, have "underinsured motorist" coverage which will help you. If you were rear-ended, you can probably prevail, regardless of a ticket. (As a general matter, the issuance of a citation is inadmissible, unless the person pleads guilty or just pays it off.) There are some computer programs which determine the value of an injury based on past settlements and verdicts, and some insurance companies use those, but they may not be very reliable, and you may not have access to that.