How Much is My Car Accident Case Really Worth?

The first question everyone wants to know after being in a car accident is the value of their claim. The truth is that it's hard to say at the outset. How much money you can get depends on a number of factors. These include the extent of your injuries, whether the other driver has insurance, and whether you file a lawsuit or contest the settlement offer.

Let's start with the basics. You were in a car accident through no fault of your own. The police report agrees with you. What were your damages as a result of the accident? This may include medical expenses, property damage, and non-economic damages like pain and suffering and emotional distress for both you and your loved ones.

An important consideration at this point is the auto insurance coverage available both from the at-fault driver’s insurance policy and yours. The two insurance companies will conduct their own investigations. Once complete, each will determine what they believe an insurance claim from the accident is worth based on the insurance coverage available. If the at-fault driver is uninsured, then your own uninsured/underinsured motorist coverage pays for your medical expenses.

A couple of things to note at this stage:

• You don't have to wait for the insurance companies to finish their investigation or offer a settlement to contact a lawyer. You can do that at any time, and your lawyer can help you start documenting your expenses right away.
• You, as the car accident victim, must mitigate your damage. This means no sitting around letting the medical costs and injuries pile up. You must follow all recommendations from your doctors for medical treatment and try and work to make up for lost income if you are able.
• You don't have to accept the insurance company's offer.

If the insurance company is not offering a good enough settlement, you must be able to show with some detail the amount of your injury. This includes the type and severity of injury, your level of physical pain, and the cost for any medical bills, physical therapy, and other treatments. This usually means paying an expert or two to examine you and your medical records and prepare a report. The cost for the expert will come out of your final settlement but is crucial to explain the severity of your injuries.

Proving Injuries

Car accident lawyers determine the potential worth of your lawsuit and car accident settlement through investigation. Most damages fall into the medical category — the cost of past and future medical care for your car accident injuries, recovery time, type of injury, permanency and seriousness of the injury, and medical impact, just to name a few. Your attorney can suggest what medical documentation you will need to prove the extent of your injuries.

Car accident victims are also usually entitled to recover the value of their motor vehicle and its contents, lost wages and earning capacity. Their families might also be able to recover for lost services — to make up for the victim's household and emotional support. This is difficult to do on your own and may require additional experts to prove your case - either in negotiations with insurance companies or in court, if it can't be settled.

With all of these considerations, it's easy to see why there is no definite way to determine the worth of a car accident case without a detailed investigation into its impact. An average car accident settlement is based on many factors. Figuring out a specific dollar amount can be difficult. To reach a fair settlement and truly understand any settlement offer you receive as well as typical jury verdicts in your area, you should speak to a local personal injury attorney for legal advice.

Related Resources:

• Car Accident Law (FindLaw’s Learn About the Law)
• Economic Recovery for Accidents and Injuries (FindLaw’s Learn About the Law)