Value of a Car Accident Claim | Frank Penney Injury Lawyers

If you sustain injuries in a car accident, you should claim compensation from the liable person. Hiring an attorney will ensure you get the best possible damage award. Here are some factors that affect the value of your personal injury claim.

Severity of Your Injuries

The nature and severity of your injuries determine the value of your claim. If you have sustained catastrophic injuries that permanently affect your life, you will receive a high damage award. For instance, a paralyzing spinal cord injury will result in a greater settlement than a bruised hand.

Another common auto-accident-related injury that leads to a high damage award is a traumatic brain injury. Severe traumatic brain injury affects all aspects of a victim's life, including their ability to work, perform household tasks, and engage in daily activities.

Percentage of Fault for the Accident

In many auto accidents, the person who caused an accident is responsible for the victim's damages. However, you will receive lower compensation if you are partially liable for the accident. Under contributory negligence laws, your compensation depends on your percentage of fault.

Some states have a limit to recovery for contributory fault. For example, if you are more than 50% liable for a car crash, you will not get any money for your damages. Under comparative negligence laws, you will receive compensation regardless of your percentage of fault. California is a comparative negligence state.

Amount of Liability Insurance

When you sustain injuries in a car accident, liability insurance will pay for your damages. Many states require drivers to have a minimum amount of liability insurance.

For example, some states require minimum liability insurance of $25,000. If you sustain a severe injury in a car accident, $25,000 is insufficient for your total damages. In such cases, your attorney can file an underinsured motorist claim. Alternatively, you can file a lawsuit against the liable driver and other parties to increase your damage award.

Pre-Existing Condition

If you suffered from a pre-existing ailment prior to the collision, the at-fault driver's insurance company will try to contest your claim. However, you can claim damages if the collision worsens your pre-existing condition.

Some pre-existing conditions that worsen after a car crash include traumatic brain injuries, back injuries, and bone fractures. The insurance company will not compensate you for the treatment you should have received if you weren't involved in the crash. But, it will pay for any treatment that became necessary because of the crash.

For example, suppose you were suffering from a degenerated disc that required you to take prescription pills before your car crash but required surgery because of the accident. In that case, the insurance company will only pay for the surgery.

Out-of-Pocket Expenses

Many people think that they can only receive compensation for medical expenses and lost wages. However, you can also claim reimbursement for your out-of-pocket expenses.

Some out-of-pocket expenses that will increase the value of your claim include:

Travel to and from hospital appointments
House help for household chores
Prescription medications
Medical equipment for your home
Modifications to your home because of a permanent disability

Ensure you document your out-of-pocket expenses and keep copies of all invoices, bills, and receipts related to your auto-accident injuries and recovery.

Statements About the Car Accident

In car accident cases, your insurance adjuster and defendant's attorney will use anything you say against you. Therefore, you should avoid admissions of guilt or careless statements when talking to the insurance adjuster or the defendant.

Furthermore, you shouldn't consent to give a written or recorded statement outlining your version of the accident. An insurance adjuster will try soliciting confessions and comments that will lower your settlement amount. For example, admitting you are partially liable for an accident will diminish your claim. A rule of thumb isn't to speak to an insurance adjuster or police officer without the presence of your attorney.

If you sustain injuries in a car accident, you should file a personal injury claim for damages. Frank Penney Injury Lawyers has many years of experience in personal injury law and will not rest until you receive fair compensation. Contact us today for a case review and advice on maximizing your claim.

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