One of the most important steps when filing a car accident claim or lawsuit is understanding the case’s worth. Only an experienced auto accident attorney can offer a rough accident claim value, and only after a careful investigation, but nothing is for certain until you receive a settlement or favorable jury verdict.
Speak to a Bakersfield car accident attorney promptly after an accident. They will review your case at no cost, explain your legal options, and estimate your case value.
What Is a Car Accident Claim?
A car accident claim is how you inform the insurance company that you were in a car accident. Most car accident victims use their or the at-fault driver’s insurance policy to cover their damages.
In most car accident cases, you have three options to obtain compensation for your losses, including medical bills, lost earnings, and pain and suffering:
- Submit a car accident claim to your insurance company: If another car hits yours, you need to inform your auto insurance company immediately. You can usually file a claim with your insurance company if you prefer. If the other driver was at fault, your insurance company will seek reimbursement from the other driver’s insurance provider.
- Submit a car accident claim to the other driver’s insurance company: After reporting the accident to your auto insurance, you can file the claim with the other driver’s provider. However, having the insurance providers work with each other directly without you being directly involved can be beneficial. Your auto accident attorney can deal with the at-fault driver’s insurance company.
- File a car accident lawsuit: Settlement negotiations will commence after you submit your claim to the auto insurance company. If the at-fault driver’s insurance provider doesn’t offer a reasonable settlement, you may file a personal injury lawsuit with your attorney’s assistance.
If you have severe injuries and property damage, retain a car accident attorney to represent your interests.
The at-fault driver’s insurance provider may attempt to pay you less than you deserve. Your attorney will fight for the most compensation for your losses. The worth of the car accident claim depends on many factors elaborated on later in this post.
Are Online Car Accident Settlement Calculators Right?
You may have found various online settlement calculators on the Internet. These are interesting data, but no online calculator will correctly value your car accident claim.
Auto accident claims and injuries are too complicated for an online calculator to provide an accurate case value. An online calculator will not consider many variables in serious auto accident claims.
For example, most online calculators can only deal with economic damages: medical bills, property damages, and lost earnings.
Even if the calculator correctly determines your economic damages, it will not consider your considerable pain and suffering compensation. Also, the calculator doesn’t consider that a jury can award considerably more money than the insurance company.
The bottom line on online auto accident claims calculators is not to rely on them for accuracy. The best way to understand your approximate case value is to have a licensed Bakersfield personal injury attorney review your case for free.
Your attorney will understand the myriad factors that affect your particular case. They can’t guarantee what you will receive in a settlement or lawsuit. But they can estimate a rough range to give you an idea of your cash value.
Damages Available In A Car Accident Claim
Car accident settlements can be large, small, or somewhere in between. These damages typically comprise economic and non-economic damages, encompassing the following categories:
Economic Damages
Economic damages are the monetary losses you have suffered since the accident and injury. Accident victims often receive compensation for medical expenses, lost earnings, lost earning capacity, rehabilitation expenses, and household services.
With a serious car accident injury, you may have future medical expenses to consider. Your car accident attorney has the experience and resources to guarantee coverage for future medical needs.
Non-Economic Damages
Non-economic damages are losses for pain and suffering, mental anguish, emotional hardship, loss of enjoyment of life, damage to your reputation, and loss of consortium.
A car accident attorney will know how to obtain the maximum compensation for your non-economic losses.
You need to prove damages with a high degree of certainty. Your car accident attorney will likely rely on medical documents, doctor testimony, and possibly other expert witnesses to prove your economic and non-economic losses.
What Evidence Is Most Helpful For A Car Accident Claim?
Everyone wants the most compensation for their car accident claim or lawsuit. Doing so means thoroughly documenting the car accident, how it happened, who caused it, and your injuries and damages. Proving these things means having conclusive evidence in your favor.
Some of the most vital car accident evidence that will help your case are:
- Photographs and video of the crash scene: After the police arrive, they will move the damaged vehicles after completing the investigation. Take photos and video of the vehicles’ positions and damages if possible. You should immediately provide this information to your attorney. Evidence from the accident scene can prove liability.
- Eyewitness testimony: It’s typical for both drivers in a two-vehicle accident to blame the other party. That makes obtaining eyewitness testimony so important. Your attorney will likely interview eyewitnesses to obtain proof that the other party caused the crash.
- Surveillance video: Surveillance cameras may have captured the accident, which your attorney can access for important evidence.
- Medical records: Your medical records prove the existence and extent of your injuries. They also state your prognosis, which will affect the size of your settlement.
- Physical evidence: Tire marks, for example, show braking and change of direction, often indicating fault for a car accident.
Your attorney will spend considerable time collecting case evidence to build the strongest argument for a settlement. However, you can play an important part in your car accident claim by promptly turning over any important crash evidence to your lawyer.
Factors That Affect a Car Accident Settlement Amount
There’s no guarantee of how much money you’ll receive in a car accident settlement.
Several factors, however, will influence how much you receive:
- Medical expenses: More serious injuries have higher medical bills, so your settlement will probably increase. Suppose you break both legs and arms in a car accident and require months of hospitalization and surgeries. You will receive higher medical bills than if you simply broke your wrist.
- Lost earnings: Being out of work longer after a severe injury means your attorney will demand more money for lost earnings. You may also receive compensation for the lost ability to earn a living after a more serious injury.
- Insurance coverage: Sometimes, the available insurance coverage will limit a personal injury settlement. For example, you may have $100,000 in damages from the car accident, but the at-fault driver only has $50,000 coverage. The case will likely settle for policy limits unless the defendant has other assets you can pursue in a lawsuit.
- Property damage: If the crash totaled your car, your settlement should recover more money than if it damaged the bumper.
- Fault: When the defendant is fully at fault for the accident, the settlement will be higher than if you were partially at fault.
- Pain and suffering: Worse injuries usually cause more pain and suffering. Third-degree burns from a car accident will cause greater pain and suffering than first-degree burns.
You can depend on your personal injury attorney to fight for the most compensation for your losses, whatever they are.
Factors That May Reduce a Car Accident Settlement
We’ve covered the things that can influence your car accident settlement.
These factors can reduce what you receive:
- A previous injury affects the same body part hurt in the accident.
- If you delay getting medical treatment after the car accident, visit your doctor or ER as soon as possible. The insurance company will use any delay to argue the accident didn’t seriously injure you.
- How honest were you and the eyewitnesses after the accident? Tell the truth to the insurance company, law enforcement, attorneys, and other stakeholders.
Your attorney will negotiate for maximum compensation, regardless of mitigating factors in your case, if the other driver was at fault.
How Long Will It Take to Settle a Car Accident Claim?
How long it takes to settle a car accident claim varies, just as the case value. After your attorney sends a demand letter to the insurance company for your losses, the company may be willing to settle your case fairly quickly.
Whether they do or not usually depends on whether the defendant was 100 percent at fault for the accident. If so, the case may settle sooner rather than later to avoid your attorney filing a lawsuit. If there is a dispute over fault, settling the case can take longer.
Another factor to consider in the settlement timeline is how your injuries progress. Many serious injury victims take months to reach maximum medical improvement (MMI).
Therefore, never settle a case too early. You can end up needing more money than you initially believed. Your attorney will determine when you will reach MMI and tailor the settlement demand and timeline accordingly.
If the case doesn’t settle, it may go to trial, extending your case timeline further. This is why most car accident claims end in settlements. Many plaintiffs and defendants prefer to get the case settled instead of going to the time and expense of a court case. Additionally, settling out of court often provides a more predictable outcome and allows both parties to avoid a trial’s uncertainty and potential risks.
Why Do You Need a Car Accident Lawyer?
An auto accident attorney handles serious accident claims every day. They understand the myriad factors that affect the value of the case. They have experience with insurance negotiators and won’t settle for less than you deserve. If settlement negotiations don’t resolve the case, a skilled attorney can file a lawsuit and convince a jury to award you the most compensation.
Contact an experienced car accident lawyer in your community. Many offer complimentary case reviews to assess the potential for compensation. They’ll provide valuable insights and inform you if pursuing legal action is worthwhile. Don’t hesitate to reach out for guidance on your situation.
Contact an Experienced Car Accident Attorney Today
Mickey Fine, Car Accident Lawyer
Were you recently involved in a car accident where another driver hit and injured you? State law permits you to file a claim or lawsuit to seek damages, covering expenses like medical bills and lost earnings.
Contact an experienced car accident attorney today to determine if you have a viable case. Reviewing your case is free, so don’t hesitate to contact a personal injury attorney now!