Despite safe driving campaigns and many new and innovative safety features, motor vehicle accidents still happen at an alarming rate across the U.S. daily. These accidents can cause little to no injury or result in incapacitating and life-altering injuries. Sometimes, they kill motorists.
If you or a loved one recently suffered injuries in a motor vehicle collision, you might wonder how much your car accident claim is worth.
It's only natural to have this question, as you deserve compensation for your damages. The best way to calculate how much compensation you can receive for your car accident injuries is to reach out to an experienced car accident lawyer as soon as possible.
The exact value of a car accident claim depends on many factors. Each car accident is unique, and the compensation amount can vary significantly based on the specifics of your case.
How Much Can Someone Sue for a Car Accident?
There's no limit to how much money you can seek in a lawsuit. After a car accident, you can sue someone for as much as you want. However, it doesn't mean that you will get that much.
The key is that you must prove that your damages are worth what you are suing for. You won't get a fair or reasonable settlement or jury award if you can't do this. Proving damages in a car accident case can be difficult, which is why many injured victims turn to a seasoned car accident attorney for help.
In addition, typical car accident settlement amounts depends on:
- The country where the accident occurred
- The insurance policies involved and their coverage limits
- The assets of the person responsible for your accident
- The severity of your injuries
- Your medical expense and property damages
- The quality of the legal help you hire
WHAT IS YOUR CLAIM WORTH?
Your claim's value directly stems from your damages. Damages, in the context of legal proceedings, refer to the monetary compensation awarded to someone (plaintiff) who has suffered harm or losses due to the wrongful actions of another party (defendant).
When someone files a civil lawsuit seeking compensation for their injuries or losses, they seek damages as a remedy for the harm they experienced.
The specific types and amounts of damages in a particular case depend on the jurisdiction's laws and the lawsuit's circumstances. In personal injury cases, damages provide fair compensation to the injured party and, where applicable, hold the wrongdoer accountable for their actions.
Compensatory Damages
Compensatory damages compensate the injured party for their actual losses and expenses arising from the at-fault party's actions. These damages make the plaintiff whole by covering various economic and non-economic losses.
Most car accident injury victims have both economic and non-economic compensatory damages that make up the value of their claim.
Economic damages include:
- Lost income
- Medical bills and expenses
- Property damage
- Legal expenses
Economic damages are worth their face value. They are also relatively easy to establish with documentation such as estimates, bills, and receipts.
On the other hand, non-economic damages are quite subjective, don't have a face value, and lack much evidence other than possible witness testimony. Therefore, their value is typically based on the value of your economic damages in some way, such as using a multiplier related to the severity of the injuries suffered.
Non-economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Scarring and disfigurement
- Humiliation
- Mental anguish
Punitive Damages
Courts award punitive damages, also known as exemplary damages, in cases involving an at-fault party's particularly egregious, malicious, or reckless conduct. Unlike compensatory damages, which compensate the plaintiff for their actual losses and harm suffered, punitive damages punish the defendant and deter similar conduct.
Here are some things to know about punitive damages:
- Deterrence: Punitive damages discourage the defendant and others from engaging in similar conduct by imposing a financial penalty on the wrongdoer. The idea is that the threat of punitive damages will deter individuals and companies from engaging in reckless or intentionally harmful behavior.
- No compensation for specific losses: Unlike compensatory damages, punitive damages do not correlate with the plaintiff's actual economic or non-economic losses resulting from the defendant's actions. Instead, courts award them on top of compensatory damages, serving as an additional punishment.
- High standard of proof: In most jurisdictions, punitive damages are not automatic awards. The injured party typically needs to meet a higher burden of proof to demonstrate that the defendant's behavior was not only negligent but also involved a willful or reckless disregard for the safety and rights of others.
- State laws: The availability and limits of punitive damages vary by jurisdiction. Some jurisdictions cap punitive damages.
The complex laws surrounding punitive damages vary significantly depending on the jurisdiction, consult a qualified car accident attorney if you believe your case warrants them. An experienced attorney can assess your situation, explain the potential for punitive damages, and guide you through the legal process.
How Much Does It Cost to Sue Someone?
You want to settle your claim outside of court if possible. Most car accident attorneys are skilled negotiators who can help you reach a settlement agreement so you can avoid the huge costs of going to court.
Fees associated with car accident claims and lawsuits can include:
- Attorney fees
- Court filing fees
- Document fees
- Expert witness fees
- Postage
- Copy fees
The amount of these fees will depend on your jurisdiction and the scope of your case. For example, a complex case requiring several expert witnesses will incur more fees than a more straightforward one.
The good news is that most car accident attorneys only work on contingency fees. This means you don't pay them anything now and don't owe them anything until or unless they obtain compensation on your behalf.
Once they settle your claim or receive a court award for your damages, they receive their predetermined fee percentage from your overall compensation. Many will also cover your other legal fees until you receive compensation. With a contingency fee arrangement, if your attorney doesn't obtain compensation in your case, you owe them no legal fees.
While the option to sue always exists, it's typically not the first step after a car accident. Instead, the opposing parties attempt to reach a settlement. You might have to sue if your attorney cannot reach a full and fair settlement with the insurance company.
How Hiring an Attorney Can Maximize Your Claim
Hiring an attorney can significantly impact and maximize your car accident claim in several crucial ways. In fact, studies show that car accident victims who hire attorneys typically receive up to three times as much compensation as those who don't.
When you're involved in a car accident, dealing with insurance companies, understanding the legal process, and negotiating fair compensation can be overwhelming, especially if you're trying to recover from physical injuries at the same time. Here's how hiring an attorney can help:
Understanding Your Rights and Legal Options:
A knowledgeable car accident lawyer will explain your rights and legal options clearly so that you understand them. They will guide you through the complex legal process and help you grasp the potential outcomes of your case.
These actions empower you to make informed decisions about how to proceed with your car accident claim.
Thorough Investigation of the Accident
An experienced attorney will conduct a comprehensive investigation into the accident. To accomplish this, they will gather evidence, interview witnesses, review police reports, and reconstruct the accident scene or hire an accident reconstructionist if necessary. Such an investigation ensures that your attorney considers all relevant facts and details of the crash, strengthening your case.
Determining Fault and Liability
Establishing fault and liability is critical in any car accident claim. Your attorney will work to prove that another person's or party's negligence or recklessness caused the accident and your injuries. This is vital for holding the at-fault person or party accountable for their actions.
Calculating the Full Value of Your Damages
A skilled car accident lawyer will assess the full extent of your damages, including medical expenses, lost income, property damage, pain and suffering, emotional distress, and future costs related to your injuries. This comprehensive evaluation ensures you can pursue fair and adequate compensation for all your losses.
Handling Communication With Insurance Companies
Insurance companies are known to employ tactics to minimize or even completely deny insurance payouts. When an attorney represents you, they will handle all communications with the insurance companies on your behalf. This way, the insurance company and their attorneys won't take advantage of you during settlement negotiations. In fact, when a claimant has legal representation, insurance companies typically know that they are serious about getting the compensation they deserve and will refrain from playing games.
Negotiating a Fair Settlement
An attorney with experience in car accident cases knows how to negotiate effectively with insurance companies. They will strive to secure a fair settlement that compensates you appropriately for your injuries and losses, accentuating the strengths of your case and downplaying the weaknesses. If your attorney cannot reach a reasonable settlement agreement, they can proceed to trial to seek the compensation you deserve.
Meeting Legal Deadlines and Requirements
All personal injury claims, including those arising from car accidents, involve various legal deadlines and requirements that injured parties must meet. Missing any of these deadlines can result in the loss of your right to pursue compensation. A skilled attorney will ensure all necessary paperwork and filings are completed accurately and on time.
Providing Legal Representation in Court
Having a competent attorney by your side is crucial if your case goes to trial. They will represent you in court, present your case effectively, and advocate for your rights before a judge and jury. If you must testify, they can prepare you for this process.
Reducing Post-Car Accident Stress and Worry
Dealing with a car accident claim can be stressful, especially when you're recovering from injuries. By entrusting your case to an attorney, you can focus on your recovery while knowing that a professional is effectively handling your legal matters.
Hiring a car accident attorney can make a substantial difference in maximizing your claim.
They:
- Provide valuable legal experience
- Protect your rights
- Navigate the complexities of the legal system
- Ensure you receive the compensation you deserve for your injuries and losses
After a car accident, seek the guidance of a qualified attorney to help you through this challenging time.
Injured in a Car Accident? Contact a Reputable Car Accident Attorney Today
Because of the many variables involved, it's challenging to provide an exact figure for the value of a car accident claim. However, insurance companies typically aim to settle claims for the least amount possible. Therefore, competent legal representation can recover fair compensation for your losses.
After a car accident, never wait to consult an experienced personal injury attorney to evaluate your case, calculate the full extent of your damages, and advocate on your behalf or take your claim to court to secure the full and fair compensation you deserve. Hiring the right lawyer is the best thing you can do to maximize what your claim is worth.
