If you have been injured in a car accident and are seeking relief through a personal injury claim, one of the questions you likely have is how much you can expect from the settlement. This is a question that most people ask when filing a legal claim. After all, the goal of a personal injury claim is to compensate you for what you have lost.
At The Embry Law Firm, this is definitely one of the questions we are asked by clients. The short answer to this question is that every case is different. This is true. There is no “cookie-cutter” answer to how much compensation your cause may qualify for. However, we can explain how the process of valuing a claim works, and provide some information about the different types of compensation that you may qualify for.
How a Car Accident Claim is Valued
The value of a car accident is, essentially, the amount of damages you suffered. This value is determined by considering various factors, such as:
- The severity of the injury – Serious injuries lead to more valuable claims. That is because they result in more medical and long-term expenses.
- How the injury impacts your life – Determining the value of a claim includes factoring in how the injury has impacted your life. Considerations include permanent disability, disfigurement, mental anguish, ability to work, and any ways that the injury interferes with your daily life.
- Who else is impacted by your injuries – Has your injury impacted a spouse, partner, or children? These are factors that can be considered when valuing a claim.
Working with your attorney, your claim will be valued by calculating all of your expenses and losses. You may see these identified as:
- Medical expenses
- Lost wages
- Lost earning capacity
- Property damages
- Pain and suffering
If you are filing a claim on behalf of someone who died in a car accident, there are other factors that may be included in this process.
Average Settlement Amounts
While it is nearly impossible to estimate the value of a car accident settlement, there are averages for certain injuries, treatments, and other costs that can help you get an idea of what sort of settlement you might be able to pursue. Remember that averages are based on the cost of treating certain injuries. Depending on the facts of your case, these values could be much lower or much higher.
What about Insurance Companies?
Most insurance companies have a limit to what they will pay if you are injured in a car accident. That means that even if you suffered a serious spinal cord injury, the insurance company may only offer you $25,000. That is nowhere near enough to cover the costs of medical care for a spinal cord injury, not to mention lost wages, mental anguish, and the injury being life altering.
Because insurance companies will often minimize your claims and the severity of the injury, you should never accept a settlement offer without speaking with an attorney first. Personal injury attorneys can often negotiate a fair settlement while ensuring that your rights are being upheld.
What if I am Partially at Fault?
This is another common question asked in regard to car accident claims. Sometimes more than one person is legally liable for a car accident. Examples include:
- Two drivers who were both speeding
- A jaywalker who was hit by an intoxicated driver
- A driver rear-ends another driver who didn’t have working tail lights
- A driver hits a car making a left-hand turn, but the driver struck ran a red light
In cases like these, you may find the court uses the comparative fault rule, which is where fault is broken down between two or more parties. Fault is established based on who is at fault for what percentage of the accident. So, you might be found to be 45 percent at fault, while the other driver is found to be 55 percent at fault.
Generally speaking, if you are 50 percent or less at fault, you can still file a personal injury claim and pursue damages.
Contact a Car Accident Attorney to Learn More
While this information can be helpful, it is important to work with a skilled car accident attorney to determine what sort of compensation you may qualify for. At The Embry Law Firm, we know how important it is to carefully put together your claim. Our goal is to make sure your legal rights are protected, and that you get the compensation you need and deserve.
To find out more about your potential car accident claim, call us at 844-443-6279.