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Olson & Sons – A Law Corporation

Personal Injury Settlement

How is a Personal Injury Settlement Determined in a Car Accident in Kona?

Car accidents are all unique. Each of these collisions involves different parties, weather conditions, and other circumstances that influence how the accident occurred. The personal injury settlement related to these accidents can also vary dramatically.

Despite these differences, it is possible to consider a number of important factors to determine how a personal injury settlement is resolved in a Kona car accident case. While there is never a guarantee that the outcome of your personal injury settlement will be what you want, understanding these factors can help you set expectations.

At Olson & Sons, our personal injury attorneys are available to provide you with expert advice on the potential success of your personal injury case. During your initial consultation, we will evaluate the details of your case and provide you with an understanding of the potential value of your settlement. Contact us today to schedule a free consultation and take the first step towards recovering damages for your injuries.

Questions About Liability

Arguably the most important factor that impacts your settlement outcome is the issue of liability. If the other driver in the accident acknowledges that they were at fault for the crash, they are more likely to make a settlement offer to resolve your case. In these situations, negotiations are more likely to focus on what a case is worth compared to whether or not a settlement is necessary, to begin with.

If the other motorist involved in your case denies responsibility for the accident, the odds of a settlement go down. While it is possible that a driver and their insurance company will agree to settle when they dispute fault in a crash, the process may be far more challenging. In dispute liability cases, the end result is often a settlement offer that is lower as a result of negotiations.


The Presence of Insurance Coverage in Kona

The existence of an insurance policy that covers your Kona motor vehicle accident has the potential to impact your settlement. If the party that caused your accident had liability insurance, that policy could cover your damages and impact the value of your case. If the other driver did not have insurance, the other party in your case might not agree to settle the case at all. This is because the lack of insurance coverage could make it impossible for the at-fault driver from making a settlement offer.

The presence of insurance coverage could increase the chances of a settlement, but it does not mean you will secure the full amount you deserve. This is because each liability insurance policy has limits that represent the maximum amount the carrier must pay on your claim. If the damages you incur exceed the limits of your policy, you may not be fully compensated for all of your losses in your settlement payout.

The Severity of Your Injuries

The value of your personal injury case is heavily influenced by the extent and nature of your bodily injuries. If you have sustained severe physical injuries, it could increase the value of your case. Your settlement amount could increase because these injuries can lead to expensive, ongoing medical care. Other ways your injuries could impact the value of your settlement include chronic pain or emotional distress.

What’s more, the severity of your injuries could impact your ability to maintain employment. If you cannot physically perform work-related tasks, you could miss out on weeks or months of income.

The State of Limitations in Kona

You could be at risk of missing out entirely on your personal injury settlement if you fail to comply with the statute of limitations. The statute of limitations acts as a deadline for every personal injury case in Kona.

If you file your injury lawsuit after the statute of limitations expires, the court is likely to dismiss your case forever. A dismissal with prejudice not only ends your current lawsuit but bars you from ever filing it again.

Your Choice of Attorney in Kona

The lawyer you hire will also play an important part in determining the outcome of your car accident injury settlement. Your attorney could advise you whether or not to accept the first offer or fight for more compensation.

The attorneys of Olson & Sons understand how to maximize a car accident injury settlement. We are prepared to lead the way during every stage of your case to help you secure the outcome you deserve.

It is never in your best interest to handle your case on your own. Even minor errors could put your recovery at risk. Reach out to Olson & Sons for a free consultation as soon as possible.

Related Content: What Determines Personal Injury Settlement Amounts in Hawaii?