The value of an Omaha car accident settlement depends on a number of different factors. That’s why, until an experienced auto accident attorney takes a look at your case, it’s usually difficult to provide an accurate estimate of a potential settlement. Every auto accident case involves unique considerations, including:
- The circumstances leading up to and surrounding the case
- The severity of the injuries
- Damages and losses
- State laws
This combination of factors makes it very hard to come up with a one-size-fits-all number. The good news is that there’s a way to figure out how much your car accident settlement might be worth.
Have you been injured in an Omaha car accident? To maximize your settlement, speak with an Omaha car accident lawyer at Hauptman, O’Brien, Wolf & Lathrop today. Call us 24/7 at (402) 241-5020 or contact us through the online form to schedule a free case evaluation.
Who Decides the Dollar Value of the Damages in an Omaha Car Crash?
The dollar value of the losses suffered in a car accident is often determined by the defendant’s insurance provider—specifically the insurance adjuster. Ultimately, the adjuster’s job is to help save the company as much money as possible by paying the claimant as little as possible.
Compensation you may be entitled to in a car accident settlement includes:
- Medical expenses
- Property damage
- Lost wages and reduced earning capacity
- Pain and suffering
- Mental and emotional anguish
Unfortunately, it’s not unusual for injured victims to receive lowball offers from insurance companies. Sometimes, these offers are made to look bigger than they really are. If you accept the offer without consulting an experienced legal professional, you may find yourself holding the short end of the stick in the future.
This is more commonly seen in cases where the accident victim suffers catastrophic injuries and requires lifelong or prolonged healthcare. Because the victims are typically desperate and don’t know any better, they accept the seemingly sizable offer.
By the time they find out that they’ve been shortchanged, it’s already too late and they can’t contest the payout. However, if you have a qualified auto accident attorney in your corner, they will contest the offer and push back if the amount offered by the insurer is too small.
Read More: Should You Hire a Lawyer After a Car Crash?
What If You Were Partly At Fault for the Accident?
Nebraska is a comparative fault state. If your degree of fault for the accident is found to equal or exceed that of the defendant, you will lose the right to compensation. However, if your degree of fault is less than 50%, you still have the right to some compensation.
Insurance companies will often accuse the plaintiff of causing the accident and deny their claim. Alternatively, the insurer may justify a low-ball settlement offer by claiming that you are partially at fault.
Your attorney can advocate on your behalf for the maximum settlement. If you are not at fault, you shouldn’t settle for less than you deserve. If you were partly at fault, a lawyer can explain what this means for your settlement and negotiate a favorable outcome.
Factors That Can Diminish the Value of Your Omaha Car Accident Settlement
Not every car accident claim results in the settlement an injured person expects. Even when another driver is clearly at fault, certain issues can reduce the amount of compensation you ultimately recover. Some of these factors are outside your control, while others can be avoided by taking the right steps after a crash.
Several circumstances may diminish the value of your Omaha car accident settlement, including:
- Delaying medical treatment, giving the insurance company an opportunity to argue that your injuries were not serious or were unrelated to the accident.
- Failing to follow your doctor’s treatment plan, which insurers may use to claim your injuries healed sooner than they actually did.
- Insufficient evidence establishing fault or documenting your damages, making it more difficult to prove the full value of your claim.
- Being found partially at fault for the collision, which can reduce your recovery under Nebraska’s comparative negligence law.
- Posting about the accident or your recovery on social media, as insurance companies may use your photos, videos, or comments to argue that your injuries are less serious than you claim or that your statements are inconsistent.
- Accepting an early settlement offer before the full extent of your injuries and future expenses is known.
Working with an experienced Omaha car accident attorney early in the process can help identify these issues before they negatively affect your claim and improve your chances of recovering fair compensation.
How the Insurance Companies Can Devalue Your Omaha Car Crash Settlement
Insurance companies are businesses, and one of their primary goals is controlling claim costs. While adjusters may appear helpful, they are trained to protect the insurer’s financial interests, not yours. Understanding the tactics they commonly use can help you avoid mistakes that reduce the value of your Omaha car accident settlement.
Insurance companies may attempt to devalue your claim by:
- Offering a quick settlement before you understand the full extent of your injuries or future medical needs.
- Questioning the severity of your injuries by arguing they resulted from pre-existing conditions rather than the collision.
- Shifting blame to you, hoping your percentage of fault will reduce the amount they must pay.
- Requesting recorded statements that may later be taken out of context and used against you.
- Delaying the claims process, increasing financial pressure so you feel compelled to accept a lower settlement.
An experienced Omaha car accident lawyer can recognize these tactics, negotiate directly with the insurance company, and fight for a settlement that reflects the true value of your injuries and losses.
What Is a Fair Car Accident Settlement in Omaha?
A fair car accident settlement should cover your medical expenses (past and future), lost wages, pain and suffering, property damage costs, and other current and future losses. Since there’s no predetermined sum, how much this will come to depends on the case and the losses involved.
While the insurance company might rely on a formula to determine what’s “fair,” your lawyer will rely on the evidence. A thorough evaluation of your medical bills, earnings before the accident, and more may reveal that you are entitled to more than what the insurance company is willing to offer.
To give you an idea about the average car accident settlement in Omaha, some of the more recent settlements we’ve secured for our clients were
- $2.05 million for an auto accident
- $1.75 million for an accident involving a truck
- $1.75 million secured for a client who sustained injuries in an accident involving a tractor.
Learn more on our case results page.
How Much More Can I Get with an Attorney?
As a rule, hiring a lawyer to handle your car accident claim will often result in significantly more settlement money than you could obtain on your own. Our Omaha car accident attorneys understand the nuances of these cases and what is involved in obtaining a favorable settlement. They also know how insurance companies evaluate claims and negotiate for compensation that fully reflects your losses.
When you choose Hauptman, O’Brien, Wolf & Lathrop, LLC for your car accident case, we can help maximize your settlement by:
- Thoroughly evaluating your claim to identify all recoverable damages, including medical expenses, lost wages, future losses, and pain and suffering.
- Gathering persuasive evidence that supports liability and demonstrates the full extent of your injuries and financial damages.
- Negotiating directly with insurance adjusters, who tend to take claims more seriously when they are handled by a skilled attorney.
- Recognizing and challenging lowball settlement offers using evidence and legal arguments to pursue the compensation you deserve.
- Preparing your case for litigation if necessary, encouraging insurers to negotiate fairly rather than risk facing you in court.
- Managing the legal process from start to finish, allowing you to focus on your recovery while pursuing the highest possible settlement.
Insurance companies tend to take claims more seriously when they are handled by a skilled attorney. Negotiations tend to proceed faster with an attorney representing you, and they are more likely to result in a higher settlement.
Speak with an Omaha Car Accident Lawyer at Hauptman, O’Brien, Wolf & Lathrop, LLC Today
You shouldn’t have to needlessly suffer because of someone else’s negligence or accept poor offers from insurance companies. Don’t settle for less than you deserve.
The attorneys at Hauptman, O’Brien, Wolf & Lathrop have more than 268 years of combined experience representing people injured in car crashes and other incidents. We fight for a fair and satisfactory car accident settlement to ensure that you are compensated for all of your losses.
Contact our personal injury law firm today at our Omaha and South Omaha offices. Call us at (402) 241-5020 or (402) 414-4400 for a free consultation.
