After a car accident, people generally have two priorities. First, they want to know that they are okay and that their passengers are safe. The second question is about the worth of their car accident claim.
Various factors affect the value of your car accident claim. Some increase your claim’s value and others decrease it. A car accident lawyer could benefit you in your claim and case results as well. To learn more about what your car accident claim is worth, continue reading.
State Law
The state where you suffered an injury can substantially affect your right to recovery. While punitive damages may increase your settlement amount, some states limit them. Punitive damages deter the defendant from acting in the same way. They do not compensate for the victim’s injuries.
Insurance Policy Limits
When you applied for automobile insurance coverage, you may remember discussing policy limits. Your policy likely refers to bodily injury and property damage. Drivers carry this coverage if they hit another driver and cause property damage and injury. This coverage has a monetary limit. That number is the most money that the insurance company will pay out for any one accident.
A driver may have coverage for $50,000 per accident. Typically, the driver’s insurance company will pay no more than $50,000 for the accident. In many car accident cases, the only available money to recover is from the at-fault driver’s insurance company. Therefore, the practical value of the car accident claim is the policy limit and certain causes of accidents.
However, you may have suffered injuries that the insurance policy does not cover. You must name every potentially responsible person in a lawsuit for damages. A car accident lawyer in your area can help ensure that you name every responsible party in a lawsuit to help you achieve maximum compensation for your harm.
The Severity of Your Injuries
The amount of harm you suffered because of the accident is a huge factor in determining what your car accident claim is worth. Usually, the more severe the injury, the higher the settlement amount. You must keep accurate and complete records of your medical bills. You must present proof of your harm, and showing medical bills is the best way to show compensable damages you have suffered.
Each car accident is unique. Every car accident victim will not suffer the same kinds of injuries as others.
Examples of some common injuries that car accident victims suffer include:
- Spinal cord injuries
- Fractures
- Head injuries, concussions, and TBI
- Numbness
- Chronic pain
- Loss of function and decreased range of motion
- Amputation
- Paralysis
- Mental and emotional trauma and Post Traumatic Stress Distress (PTSD)
- Loss of consortium
- Death
Long-Term Medical Care
Some injuries require long-term medical care—for example, physical therapy, rehabilitation costs, and in-home nursing care. These expenses can add up quickly. The more medical bills that you incur throughout the lawsuit, the more valuable your car accident claim is in the end.
Each of these types of injuries has a monetary value. If you can prove these injuries, your settlement value can increase. Contact a car accident lawyer to learn more about the next steps after a car accident.
Lost Income
The injuries you sustained from a car accident may force you to miss work for a prolonged period. If you miss work, you are entitled to compensation. In addition to past lost wages, you deserve to recover future lost wages if you continue to be unable to work because of the injuries you sustained in the car accident.
Along with past and future lost wages, you can also recover the value of your lost earning capacity. Lost earning capacity refers to the inability to return to work in the same industry doing the same kind of work you did before the accident. For example, if before the accident you worked as a firefighter, and now, because of your injuries, you can no longer perform your duties, you may recover the difference in compensation. Loss of earning capacity compensation often goes to accident victims who can still work but have taken a salary cut because of their injuries.
Loss of Enjoyment of Life
You are entitled to the value of the decrease in your quality of life. Many things can contribute to a decrease in your ability to enjoy life. Loss of enjoyment of life is non-economic damage. Since the loss of enjoyment of life is an intangible injury, proving that you suffer in this way can be difficult. You need an attorney to ensure that your rights are protected and that you receive the compensation to which you are entitled. Call a local car accident lawyer immediately after an accident.
The Effect Your Injuries Have on Your Life
Record how your injuries affect your everyday life. You may want to consider keeping a journal of how you feel. Write down your physical limitations since the accident. Of course, your medical records will provide details about your injuries, but having contemporaneous notes about how you feel can be powerful testimony to a judge, jury, or insurance company.
Additionally, you will want to keep notes about how you feel emotionally. Emotional damages are hard to prove, so recording your story in real-time is invaluable.
Property Damage
Remember, you are also entitled to receive compensation for your property damage. Like any other damage, you must prove that your property incurred damage in the accident and the value of the repair. It is wise to take your car to a body shop after the accident and get an estimate for the cost of repair. The at-fault insurance company may want you to take your car to their chosen body shop. Before you do anything that the at-fault driver’s insurance company requests of you, talk to an attorney in your area for legal advice.
The Attorney That You Hire
Hire an accident attorney with experience winning cases involving your injuries. For example, a car accident may lead to the loss of your loved one. After the accident, you may want to file a wrongful death lawsuit. Wrongful death laws are complex, and they vary depending on the jurisdiction. You want to hire an attorney with the most experience winning cases like yours to get the maximum compensation you deserve. Do your research before hiring an accident attorney, and do not be afraid to meet with multiple attorneys to get the right fit.
What Decreases the Value of My Car Accident Claim?
Some facts decrease the value of your car accident claim. Insurance companies will use these facts against you to decrease the value of your claim and the amount of money you receive in a settlement payout.
Examples of what can decrease the value of your car accident claim include:
- Previous injuries to the same area of the body. In some instances, after you get into a car accident, you may injure the same area of your body that you have injured previously. If that happens, the insurance company will use that against you to avoid paying your claim.
- Signing something before speaking to an attorney. You should never agree to or sign anything from the insurance company before speaking to an accident attorney. If you have suffered an injury in a car accident, speak to an attorney in your area immediately.
What Should I Do After a Car Accident?
You should take certain steps after a car accident to protect your legal rights. First, you should see a doctor immediately. When accident victims delay getting medical treatment, their car accident claim loses value. Getting immediate medical assistance helps insurance companies, judges, and juries tie your injuries to a car accident.
After you receive medical care, contact an experienced car accident lawyer in your area. Speak to an attorney before you talk to anyone else. A lawyer’s job is to protect your rights and increase your chances of maximum compensation after a car accident. Do not speak to the other driver’s insurance company before you speak to an attorney.
How Can an Accident Attorney Help Me?
An accident attorney helps protect your rights after an accident. You can think of an accident attorney as a shield that keeps the tactics of the insurance company and defense attorneys from reaching you.
Ways that accident attorneys can help you win your case include:
- A car accident lawyer helps you build your case by working with you on how to tell your story in a compelling way for the jury. This preparation ensures you do not fall into the trap of downplaying your injuries at trial. You suffered an injury, and you deserve compensation for that.
- A car accident lawyer negotiates for you. This is likely your first settlement negotiation or lawsuit. Insurance companies know that. A car accident lawyer will ensure that you are not taken advantage of by an insurance company.
- A lawyer will take care of all the legal stuff. You need not worry about the procedural rules, what to say in court, or how to respond to correspondence from insurance companies. The only thing you have to worry about is getting better.
- A lawyer can help you get access to the medical care you need. Some doctors are cautious about treating accident victims because it may involve them in litigation. If you hire an accident attorney immediately, your lawyer can speak to the doctor to assure them about treating you, or your attorney may suggest that another doctor provide your care.
What if I Cannot Afford an Accident Attorney?
Being unable to afford an accident attorney is a major concern for many injury victims. If you cannot afford an attorney, do not worry. Many car accident attorneys across the country work on a contingency fee basis. A contingency fee agreement is a payment structure that allows an injury client to defer payment for their injuries to the end of their case.
The attorney and the client must reduce the contingency agreement to writing and sign it. You must understand the agreement before you sign it.
Most contingency agreements state who must pay litigation costs and expenses and, more importantly, how much money from the settlement the attorney will receive. Litigation expenses include filing fees, money for copies and postage, and other costs that come up while the lawsuit is pending. An attorney’s firm may pay for these costs during the case, but the client must reimburse the attorney’s office after the case is closed.
Contact a Car Accident Attorney Today
Car Accident Attorney, Jacob D. Lawrence
Hiring an experienced accident attorney is the best way to set yourself up for a successful accident claim. Insurance adjusters and defense lawyers have one goal: to protect the bottom line. They will work hard against you after you file an accident claim to accomplish this goal. Your attorney works to combat that.
You can expect insurance companies to minimize your losses or fail to account for future or intangible losses in initial settlement offers. This is how they get claimants to accept much less than they deserve. The insurance company keeps more profits while injured car accident victims must fend for themselves and cover unnecessary losses.
Do not pursue an accident claim alone. Contact a personal injury lawyer in your area to protect your right to compensation after an accident. The right lawyer will calculate the true worth of your claim.