What is a Car Accident Claim Worth?
Determining the value of your car accident claim is very likely one of the biggest challenges you could face in the aftermath of a car accident. However, it is almost impossible to make that evaluation until all facts of the case have been investigated, fault and liability have been determined, your medical treatment has concluded and an experienced Washington personal injury lawyer has carefully and comprehensively evaluated your particular case. The types of damages an insurance company will typically cover include:
- Medical expenses: This includes all expenses related to your medical care to treat injuries suffered in the car accident. Examples of such expenses are doctor visits, emergency room expenses, physical therapy, medication, prosthetics, cosmetic surgery, or any other medical device that may be necessary for your recovery. You can recover these expenses if they result from your injury. Future medical expenses or the cost of continued treatment are also part of the claim. This amount can be estimated with the help and guidance of your doctors or other medical professionals involved in your treatment such as plastic surgeons or chiropractors.
- Loss of earnings: As an auto accident victim, you may also seek compensation to cover the amount of money or wages you would have earned during the time you were incapacitated or disabled as a result of the injury sustained in the accident. Remember that you can earn lost wages even if you were unemployed at the time of the injury if you can effectively prove what you could have earned during the period in which you were injured.
- Loss of Earning Capacity: There are many car accidents where victims sustain catastrophic injuries such as traumatic brain injury or spinal cord injuries that leave them disabled or paralyzed for life. In such cases, it can be effectively shown that they will never be able to return to work again or earn a livelihood. In such cases, past earnings could be used to determine an appropriate damage award.
- Loss of Life's Enjoyment: This is an example of damages on which it is difficult to put a price on. When a person is incapacitated for life, he or she can never be the person they once were. For example, if a triathlete has been paralyzed for life in a car accident, he or she can never compete again. If he or she enjoyed hiking or golfing, they could never enjoy those activities again because of the injuries or disabilities caused by the accident.
- Loss of Consortium: This claim is usually made by the uninjured spouse of the victim for loss of the benefits of married life. This includes loss of companionship, sexual relations, help and solace. In determining the value of this type of loss, a jury will typically look into factors such as whether the stability of the marriage was affected by the accident and resulting injuries.
- Emotional Distress: Injuries from car accidents not only cause physical pain and suffering, but they can also cause severe emotional problems such as depression, panic, nervousness, anxiety, humiliation and loss of dignity. This is especially true in car accidents where the victim has been disfigured. In such cases, compensation can be claimed for emotional distress and mental anguish as well.
- Pain and Suffering: This refers to the physical pain and suffering that is a direct result of the injury sustained in the accident. A number of accident victims deal with pain for the rest of their lives. In most accident cases, a jury will determine the damages depending on the nature and severity of the pain.
In addition to these damages, you could also claim compensation for the value of property that was damaged. In any car accident claim, there are some damages that you can quantify and other damages (suffering, emotional distress, loss of companionship), which may be more difficult to quantify.
In most cases, the "degree of fault" will ultimately determine how much you can recover for your injury. If the other party was completely at fault, they will be entirely liable. However, under Washington law, if you were partly at fault, an insurance adjuster is likely to reduce your recovery amount by your percentage of comparative fault.
There is no question that you need an experienced Washington personal injury lawyer on your side to help determine the correct value of your claim so that you are not shortchanged. Your car accident injury settlement has the potential to affect you and your family for the rest of your life. So, please do not take a chance. Call the skilled and knowledgeable Seattle car accident attorneys at The Bernard Law Group for a free and comprehensive consultation.
IF YOU, OR A LOVED ONE, HAVE BEEN SERIOUSLY INJURED IN A CAR ACCIDENT IN WASHINGTON - CALL TODAY FOR A FREE CONSULTATION!
