It has many names and comes in many forms: Distracted Driving, Impaired by Distraction, Texting While Driving, Talking Passengers, Crying Babies, Eating while Driving, GPS and other In-Car Technologies, and Worst of All — Smartphones.
Car and auto accidents happen: people run red lights, they drive under the influence of alcohol or drugs, they drive while distracted – while texting or using the phone. Some people drive too fast, are reckless or impatient and some even fall asleep at the wheel. Some even drive with “road rage.” There are hundreds of other possibilities – the law calls these people “negligent.” Those who are found negligent for car and auto accidents are responsible for their actions and the damages they cause to others.
With the advent of automobile liability insurance companies, the process to seek compensation from a negligent driver became more difficult. Let’s face it, insurance companies are constantly looking for ways to pay injured parties the least amount so they can show a profit and pay their shareholders larger dividends and larger salaries to corporate officers†. While some insurance companies may advertise that they are somehow in the business of paying off claims or helping injured victims, the truth is that they are settling claims for lower amounts than they ever have. Companies have instituted complex claims processes involving computers and databases aggregating prior settlements and verdicts with the goal of continually reducing payouts to injured persons.
Some law firms and law firm marketers try to replicate the insurance company databases by creating “Car Accident Claims Calculators.” You’ve probably seen them on the internet. These “settlement” calculators are just as flawed as those used by the insurance companies to reduce payouts. You’ll notice that these “settlement calculators” do not ask about the pain, suffering or inconvenience you have suffered. They don’t take into account any of the problems that you have had to endure following an accident or the seriousness of the trauma that you have endured. If you don’t want the insurance company to consider these elements of damages, maybe you should just take the amount offered by the “Car Accident Claims Calculator.”
On the other hand, if you would rather have someone who is going to listen to your whole story and argue with the insurance companies over your personal damages – including pain, suffering and inconvenience, then call Franklin & Franklin, Attorneys-at-Law at (757) 316-8888 to help get you the maximum settlement possible for all of your damages.
† (i.e. Jay Fishman, Travelers Insurance Company – reported total 2014 Compensation = $20,435,381.00).