After being in a car accident, you are naturally wondering how much your case is worth. The honest answer is that without knowing the details of your case, it is impossible to know because there are many variables and unknowns that can impact the value of your case. Our Tacoma car accident lawyer can assess the specifics of your situation and provide you with a more accurate estimation tailored to your circumstances.
Factors That Can Impact Your Case Worth
These factors differ by case but may include the following.
The Liable Party(s)
The liable party and their insurance policy limits will determine how much you can recover after an accident. For example, if you are hit by a passenger car driver, you will likely be limited to their insurance policy. However, if you were hit by a commercial truck driver, you may be able to recover compensation from both the driver’s insurance policy and the trucking company’s insurance policy. This could allow you to recover substantially more.
Whether You Share Liability
One of the primary factors affecting the value of a car accident claim is the question of liability. Determining who was at fault for the accident can significantly impact the ability of the injured party to recover damages.
Washington follows a pure comparative fault system (known in the statute as ‘contributory fault‘), which means that any fault assigned to the injured party will lower their settlement. For example, if you were speeding when you were T-boned by a driver who ran a red light, you may be assigned 20% fault. You would be eligible for 80% of your final award.
Severity of Injuries
The nature and severity of the injuries sustained in your car accident are directly proportional to the value of the claim. More severe injuries typically result in higher medical bills, longer recovery periods, and greater compensation for pain and suffering.
Catastrophic injuries such as spinal cord damage, brain injuries, or any injury leading to permanent disability will significantly increase the value of a claim. The extent of the injuries is documented through medical records, which serve as crucial evidence in substantiating the claim.
What Medical Treatment You Need
The cost of medical treatment and expenses is a substantial factor in determining the worth of a car accident claim. This includes all expenses related to the treatment of injuries, such as:
- Hospital stays
- Surgeries
- Medications
- Physical therapy
- Any future medical care required
The more extensive and costly the medical treatment, the higher the value of the claim. It’s important for claimants to keep detailed records of all medical treatments and expenses to accurately calculate this aspect of their claim.
Whether You Are Able to Work
The impact of the accident on the victim’s ability to work and earn an income contributes to the claim’s value. This includes compensation for lost wages during the period of recovery and, in cases of severe injury, loss of earning capacity if the individual is unable to return to their previous employment or work at all.
Calculating lost wages is relatively straightforward, but assessing the loss of future earning capacity may require economic expert testimony.
Your Pain and Suffering
Compensation for pain and suffering accounts for the physical pain and emotional distress suffered by the victim as a result of the accident. This is more subjective and varies significantly from case to case. The following factors will be considered when calculating pain and suffering damages:
- The severity of your pain
- The duration of your recovery
- The long-term impact of your injuries on your quality of life
Pain and suffering can substantially increase the overall value of your claim, especially if you have a severe or permanent injury.
How Extensive Your Property Damage Is
The extent of property damage, particularly to the vehicles involved in the accident, also affects the claim’s worth. Compensation for property damage is usually more straightforward to calculate, based on the cost of repairs or the replacement value of the vehicle if it’s deemed a total loss. The severity of the property damage can also indirectly influence perceptions of the severity of the accident and, by extension, the injuries sustained.
Whether the Other Driver Is Uninsured or Underinsured
The insurance policies of the parties involved play a crucial role in determining the amount that can be recovered in a car accident claim. If the driver is uninsured or underinsured, it can make recovering compensation difficult.
Whether the Insurance Company Is Willing to Negotiate
The first offer from the insurance company is typically much less than you deserve. It might cover your medical bills and some lost wages, but not much more.
You have the right to negotiate for the compensation you deserve. However, insurers don’t always make this easy. When you are represented by a personal injury lawyer, they are often more likely to play ball; however, they probably still won’t give you everything you deserve. This is why you should not handle negotiations on your own. Our accident attorneys will negotiate for what you need.
For a free legal consultation with a Personal Injury Lawyer
What Compensation Can I Recover in a Car Accident Claim?
Each personal injury claim is different, and so are its damages. However, in most cases, car accident victims can recover both economic and non-economic damages for:
- Medical bills
- Future medical expenses
- Lost wages or future impairment of wages
- Pain and suffering and other non-economic damages
- Out-of-pocket expenses
- Loss of consortium
If you lost a loved one in a car accident, our team can fight for justice and compensation through a wrongful death claim. You may be able to recover:
- Your loved one’s medical expenses
- Funeral and burial costs
- Lost financial support
- The cost of services your loved one would have contributed had they lived (e.g., child care, yard work, other housekeeping)
- Lost care
- Lost love and affection
- Lost companionship
Our Lawyers Can Determine What Your Car Accident Case Is Worth
Your case is more than just medical expenses and lost wages. Call us, and we can explain more about how your damages are calculated to determine how much you will receive. The personal injury attorneys at the Jackman Law Firm can fight for every dollar you deserve.
We Are committed to winning and winning big for our clients