One of the most critical parts of an auto accident claim is understanding what the case is worth. If you’re hurt in a car accident with severe injuries, you may want to file a claim or lawsuit for damages. Because of all the variables, it’s hard to say what a car accident claim is worth. However, several factors outlined below will largely dictate your claim’s value.
Want to find out what your particular auto accident claim is worth? An auto accident attorney in your city can review your claim for free and provide an approximate case estimate. They also can examine the strength of your case and recommend whether filing a claim or lawsuit will lead to compensation.
How Is A Car Accident Claim Value Calculated?
A car accident settlement is intended to cover a car accident victim’s losses. Typical losses in a car accident claim are:
- Medical expenses, including past, current, and future
- Lost earnings
- Lost income earning ability
- Pain and suffering
- Mental anguish
- Property damage
Critical Factors That Influence The Value Of A Car Accident Claim
Only a qualified personal injury attorney can estimate your case’s potential value. However, you can get an idea of what your claim is worth by considering these variables:
Who Caused The Crash?
Liability has a major impact on a car accident claim’s value. The party who caused the accident usually is liable and pays damages to the injured person. Most, but not all, drivers in the US carry auto insurance, so their policy will generally pay damages.
However, many drivers only pay minimal insurance, which can be $25,000 for bodily injury. A day in the hospital for a severe injury can cost tens of thousands of dollars.
On the other hand, if the driver was working during the accident, their employer may have to pay for your injuries and other damages. Employers generally carry larger liability policies so that more compensation can be available for a severe injury.
If you have any liability for the accident, it can also reduce your compensation. Your auto accident lawyer will carefully review the accident evidence and work to prove that the other driver was 100 percent at fault for the accident.
What Insurance Policy Covers The Crash?
As stated above, the at-fault driver’s personal auto insurance usually pays damages to the injured person. However, some cases have other insurance policies that can be tapped to pay you compensation. Several drivers can be at fault, or the driver’s employer must pay. Or, the car or car part was defective, meaning the auto manufacturer can have to pay.
The more insurance policies available for compensation, the higher your payout can be, depending on your injuries and other damages. Note that some drivers don’t carry insurance, even though they are required to. In some accidents, people may not have any insurance to pay for them. In this case, you might file a claim on your uninsured driver policy. A car accident attorney can guide you in this process.
How Many Injury Victims Are There?
Many auto accidents involve only two parties, but others can involve multiple liable drivers and injury victims. What if there is a multi-vehicle pileup on the highway and ten people suffer an injury? This means more people will clamor for compensation from the at-fault parties.
This can make obtaining the most compensation more difficult; after all, a limited amount of insurance coverage is available. This is when it’s important to have an experienced car accident lawyer fighting for your share of the insurance money.
What Injuries Do You Have?
Your medical expenses are a major part of your claim’s potential value. Medical bills usually reflect the severity of injuries. For instance, if you broke your back and are paralyzed below the waist, you’ll have higher medical bills. In a settlement, you’ll require more compensation to receive the medical care you need in future years.
Talk to a car accident attorney about all medical expenses related to your accident. Ensure to mention all co-pays and deductibles you have to pay, not only your medical bills. Medical expenses that you should include when talking to your personal injury lawyer are:
- ER medical care, including emergency room and ambulance costs
- Costs of hospitalization, including any surgery or procedures. These bills can come separately, so keep them all organized
- Follow-up and specialist treatments you require
- Occupational therapy expenses
- Expenses for any medical equipment, such as wheelchairs and modifications needed to your home
You may also have future medical needs for severe injury, such as surgeries or procedures. Your attorney will include these future costs as part of your settlement demand.
How Much Work Did You Miss?
A severe injury usually means lost work time and financial difficulty. You can lose part or all of your income as you recover from the auto accident. However, the medical and usual bills continue to pile up. It may only be a few weeks before your paid time is used up, and you can be at risk of losing your home.
Fortunately, you can claim all the lost work time and income in your auto accident lawsuit. You should detail your salary or income and the missed time with your lawyer. Also, discuss any work time you lost when going to the doctor or physical therapy. Many doctor appointments are only available daily, making it hard to keep a day job.
Are You Permanently Unable To Work?
Your claim value also depends on whether you have an injury that prevents you from working again. Some auto accident injuries are so severe that the injury victim cannot work. For example, a head injury or paralysis victim may be unemployable in the future and permanently disabled. Such a severe outcome will increase the value of your auto accident lawsuit.
Your auto accident attorney will work with medical and vocational experts to prove that you have a disability that prevents you from working. This evidence can be used to show that you need additional compensation for future lost income and disability.
Did You Hire A Car Accident Attorney?
An experienced auto accident attorney is also a significant factor in your claim’s value. Without an experienced car accident lawyer, you can attempt to settle your claim with the insurance company by sharing your medical bill and lost earnings information. Even if the accident was their client’s fault, the adjuster will know you don’t have a lawyer and may offer you less than you deserve.
A car accident attorney will ensure that the claim proceeds smoothly and that you receive the most in insurance settlement negotiations. If a lawyer handles everything, you’ll feel much more confident about a successful resolution to your case. Most auto accident victims discover they have more money in their pockets from their attorney’s assistance, even after covering the cost of legal fees.
Will You Have To Go To Court?
Possibly, but usually not. Most auto accident claims end with an insurance settlement. Your auto accident attorney and the liable insurance company’s representatives will discuss settlement negotiations once your injuries are healed and your prognosis is understood.
The insurance company will usually offer a settlement to the injury victim at this time. It’s usually a lump sum payment offered to you to resolve the case and avoid a lawsuit. The initial settlement offer will probably be less than you deserve, so your personal injury attorney will counter it with a higher offer and continue negotiations.
Both sides usually benefit from a car accident settlement. You get money faster than in a lawsuit and avoid going to court and the additional legal expenses. The insurance company gets the case off its books, usually for less than they might pay in a trial.
If the insurance company doesn’t offer a fair settlement, your attorney may recommend going to trial. The choice is up to you, but you should listen to your lawyer’s recommendation. Typically, you should only go to court if the settlement offer is grossly insufficient and there is a high probability of winning the case. Remember, you receive no compensation if you don’t win in court.
Discuss with your attorney whether the final settlement offer is fair or if going to court is better. It also depends on how much money you need; many injury victims can’t work and need money today.
How Long Does A Car Accident Settlement Take?
Car accident settlements usually take at least a month or two but can be longer. First, you may want to settle after your accident injuries are fully understood and healed. What if you settle your claim after a month, only to discover your injuries are worse than initially believed? Your attorney will usually commence settlement negotiations once you have reached maximum medical recovery or MMI.
Martindale-Nolo reports that the typical auto accident settlement takes about 10.7 months, but yours can take more or less time. About 50 percent of auto accident victims resolved their claims within five or six months. Going to court with a personal injury lawsuit will usually take longer. Getting the case on the court calendar can take many months, and then you add the length of the trial and jury deliberations.
How Do You Prove Pain And Suffering From A Car Accident?
Pain and suffering compensation is one of the most significant variables in your case value. You and your attorney need to demonstrate that your injuries and treatments have caused significant pain and suffering, as well as mental trauma. How?
Several types of evidence can be used in insurance negotiations or at trial to show your level of pain and suffering:
- Medical records and bills: You must prove your medical expenses, injuries, diagnosis, and prognosis. These documents also will show your treatment plan. For example, someone with a spine injury will have extensive medical records and bills that show the type and severity of the injury. Your attorney will consult with your doctor to document a typical amount of pain, suffering, and mental distress from that kind of injury.
- Accident-related expense receipts: It helps to have receipts and invoices for hiring people to take care of your home, perform yard work, and other daily tasks you cannot handle because of your injuries and discomfort. Also, you should provide evidence of your lost work time because of your injuries and pain, such as pay stubs and W-2s. Provide evidence of your travel expenses to go to and from doctor appointments.
- Diary: It’s helpful to document your pain, discomfort, physical limitations, and mental state after the auto accident. You can compose a diary either in writing or on video.
- Eyewitness statements: Statements from people who witnessed the auto accident can testify about your pain and suffering after the crash. You also can obtain statements from friends and family about changes in your behavior and activities since the accident, which can show your mental and physical pain and suffering.
- Expert testimony: Your auto accident lawyer may rely on many experts to prove your pain and suffering. They may call on medical experts, accident reconstruction specialists, psychologists, and others to prove your pain, suffering, and emotional anguish from the accident injuries.
The amount of pain and suffering compensation received in your case depends on the abovementioned factors. A car accident attorney understands the importance of proving pain and suffering in a personal injury claim. Significant pain and suffering evidence can lead to a higher settlement, which can be critical in rebuilding your life after a severe injury.
Talk To A Car Accident Attorney Today For Assistance
No one wants to be severely injured in a car accident. Unfortunately, you still can have severe injuries in a crash if another driver hits you. Speak to a car accident lawyer in your area today to learn if you have a case. An attorney is your best choice to maximize your auto accident claim compensation. The attorney doesn’t charge for their services unless they obtain compensation for you. Contact an auto accident attorney today for more information, keeping in mind that the consultation is free.