As we’ve said before, every personal injury claim is different. Taking into account all of the varying factors that contribute to your accident, the potential value of your claim can cover a wide range. However, there are some factors you can consider when looking at the scope of damages you may ask for as a result of your accident and these all add up to compensation in the long (or short) run of your case.
(How Insurers Assess Fault in Car Accident Claims)
What Are Your Injuries?
First and foremost, your personal injury claim will hinge on the injuries you suffered. Even if the other driver was clearly at fault, if you suffered no injury, you can’t necessarily demand personal injury damages. Factors that will help determine the value you’re entitled to include: the extent of your injuries; the medical costs for treatment of your injuries; the likelihood of future medical costs (like physical therapy or future surgeries); the presence of scarring or long-term/permanent disability. These factors play a significant role in determining damages associated with injuries resulting from motor vehicle accident.
What Wages Have You Lost as a Result of the Car Accident?
As a direct result of your accident, it’s very possible that you are forced to miss work and lose earnings you would have otherwise made. Because of this these lost earnings may be part of your personal injury claim. You are entitled to be made whole of damages related to earnings resulting from the accident, and that not only includes present earnings, but future earnings as well. Let’s say the accident causes you to need medical treatment that requires rest and recovery in the short term? Those earnings are certainly on the table. However, what if the car accident impairs your ability to work and earn a living. If you are unable to earn even a portion of your pre-accident income due to an impairment of some sort caused by the accident, you are entitled to demand damages to make you whole of this shortfall. These factors are all considered in estimating the value of your claim.
What Liability Do You Bear in the Cause of the Car Accident?
Many car accidents are cut and dry when it comes to cause and liability. However, some accidents are a little fuzzy when it comes to liability. For those circumstances shared liability may come into play. Legally, this is known as comparative negligence, and it can have a huge impact on your personal injury claim. Let’s say the other driver turned in front of oncoming traffic, of which you were a part, and you ended up hitting them. However, let’s also say you were seen (by witnesses) to be looking down at your mobile phone at the time and as such was unable to avoid the accident because your attention was diverted and you didn’t see the car turn into traffic. You could be cited as partially responsible for the accident. If that is the case, courts will seek to determine just how much responsibility you bear. Comparative negligence indicates that that percentage could reduce your damage award (if you’re even granted one).
Of course, there are other factors to consider when evaluating the potential value of your claim, and seeking out the counsel of an experienced personal injury attorney is the best way of getting a clear picture of what those factors are and how much your claim is truly worth. Was the driver on the roads in a professional capacity at the time of the accident? Could the driver’s employer be held liable as a result? What limits are in place on available insurance covering the accident? Were there road conditions that can point to municipal liability? These are all questions that a professional investigation can help answer, and an experienced personal injury attorney with a specialty in vehicle accident claims is best positioned to give you a clearer picture of how they may factor in your claim.If you’ve been injured as a result of a car accident and are looking for an experienced Chicago personal injury lawyer to help navigate your personal injury. We will fight assiduously for your right to the compensation you deserve, call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.