This is probably the question we hear most often. The truth is, how much your car accident case is worth cannot be calculated until:
- The other driver is determined to be most at fault.
- You are all done with medical treatment.
- Your doctors have provided us with their final reports and bills.
Determining the fault of the other driver, known as “liability” is usually pretty straight forward. The most obvious situation would be when the other driver pleads “guilty” to a traffic violation or you’re the victim of a rear end collision.
A Violation in a "Controlled Intersection" (Stop Sign, Yield Sign or Traffic Light) Usually Locks in Liability
An accident in an “uncontrolled intersection” (no stop sign, no yield sign, and no traffic light), usually ends up with some shared liability assigned to both drivers. This is called “comparative negligence,” and the other driver must be more than 50% negligent, or you won’t receive any compensation for your vehicle damages or your injuries. If, for example, you are determined to be 20% negligent, your award will be reduced by 20%. So, comparative negligence may be important in your car accident case.
Once Liability is Established, Your Car Accident Case Worth is Dependent on a Number of Factors
When you’re all done with medical treatment, and have reached “maximum medical improvement;”
- The amount of medical bills you have incurred due to injuries caused by your accident.
- The amount of any lost wages and benefits.
- The type of medical treatment you received directly related to injuries from your car accident case.
- Future medical treatment that your doctor says will be required.
- Your level of impairment, and permanent restrictions, caused by the accident.
- Loss of future earning capacity.
- Scarring due to injuries from your accident.
- Physical pain and suffering
- Mental/emotional pain and suffering
- The cost of in-home care, which you required while recovering.
- Market value for damaged personal property.
- Out of pocket expenses directly related to your accident.
- Mileage reimbursement for travel required for medical treatment.
There is no secret formula for calculating how much your car accident case is worth. Since most all cases are settled with money from insurance companies, it is important to know the weight insurance companies typically give to the above factors. An experienced Nebraska car accident attorney can help you with that.
For minor injuries, involving less than $5,000 in medical care, with a few free tips from us, you can probably settle the car accident case on your own.
However, if you have a serious injury involving intensive medical care, and considerable medical expense, you’ll need an experienced Nebraska car accident attorney to help with your case, and negotiate a settlement that puts that value into your pocket.
Contact Our Nebraska Car Accident Attorney for Assistance Today!
Being an injury victim and trying to determine how much your accident case is worth can be super stressful. If you have any questions about this topic, or would like a free case analysis with our experienced Nebraska car accident attorney, call the Steffens Law Office at (308) 872-8327 or contact us online today.