Figuring out the value of your car accident case is not as straightforward as you might think. Unlike a workers’ compensation injury, personal injury cases, like car accidents and slip and fall cases, do not follow a set formula for calculating the value of an injury. However, as medical bills add up and you miss time from work, understanding the value of your claim is very important to make sure you are not left in a bad financial situation after an accident.
At Conway, Londregan, Sheehan & Monaco, our personal injury lawyers in New London know all too well the major issues car crash victims deal with after suffering injuries in an accident. So we are here to explain what you should consider when assessing a fair settlement and how a New London personal injury attorney can be instrumental in this process.
Understanding the Value of Car Accident Claims
The law provides that you are entitled to “fair, just and reasonable compensation” for injuries suffered in a car accident. As you can see, this legal phrase does not provide much help in determining fair compensation for your injuries caused by a car crash, but the phrase is so general because there are many factors to consider when determining how much you can recover for your injuries after a car accident.
The factors that go into determining the value of your car accident claim are broken down into two categories: liability (who was at fault for the crash) and damages (money you can receive as compensation for the injuries you suffered because of the crash).
Liability
Liability means who was responsible for causing the car accident. As the injured party, the law requires you to prove that the defendant caused the accident. This means that you have to show that the defendant’s actions (or failure to act) was a “substantial factor” in bringing about the crash. Substantial factor means the defendant’s actions (or failure to act) contributed materially and not just in a trivial or inconsequential manner to the car crash. Clear evidence showing the other party’s fault in causing your injury strengthens your claim.
However, the law allows a jury to consider whether your actions contributed to the car accident if the defendant makes such a claim. This concept is known as comparative negligence. The defendant must prove you were comparatively negligent. If the jury finds that the actions/inactions on the part of BOTH parties was a substantial factor in causing the collision, then the law is that the plaintiff can recover damages from the defendant only to the extent of the defendant’s fault and may not recover damages to the extent that he/she was at fault.
If the plaintiff (you) was more at fault than the defendant (the other driver), then the plaintiff cannot recover any damages.
Here is an example to make this rule clear: If the plaintiff was 20% at fault and the defendant was 80% at fault, the plaintiff recovers 80% of his/her damages. If the plaintiff was 50% at fault and the defendant was 50% at fault, the plaintiff recovers 50% of his/her damages. However, if the plaintiff was more than 50% at fault, (he/she) was more at fault than the party (he/she) has sued, and (he/she) recovers no damages.
As an example, suppose the plaintiff’s total damages were $100 as a result of the car accident. If the plaintiff was 30% at fault and the defendant was 70% at fault, the plaintiff would recover 70% of the $100, or $70. The plaintiff would thus not receive payment for the part of (his/her) damages caused by (his/her) own negligence. Obviously, these numbers used are just for the sake of an example.
Damages
Damages are broken down into two groups: economic damages and non-economic damages.
Economic Damages
Economic damages are damages that typically include a bill that you had to pay, money you lost from missed time from work or money you will lose because your injuries prevent you from working like you were able to do before the car crash. More specifically, economic damages includes:
- Medical Bills: A fair settlement should cover all your medical bills related to the injury — past, present, and future. This includes emergency room visits, hospitalization, surgery, medication, physical therapy, and long-term care needs. A good car accident attorney will also know which experts to use to determine the cost of any future medical treatment you may need for your injuries. A settlement or judgment for a car accident only occurs once, so you need to make sure you receive compensation for your future medical bills.
- Lost Wages and Earning Capacity: If your injuries meant you have missed time from work, a fair settlement for your car accident case must include your lost wages. Additionally, if your injuries will affect you for the rest of your life and prevent you from making as much money as you used to before the accident, your settlement needs to consider how much less money you will make over the course of your working life. An experienced car accident attorney will know the right economic experts to make the calculations for the money you will lose because of any loss in your ability to work (that is any loss in your earning capacity).
- Property Damage: If your car, truck or motorcycle was damaged during the car accident, then the insurance company needs to pay for repairs or replace your car. Even if your car can be repaired, your vehicle will be worth less after being in a car accident. An expert who specializes in determining value of cars will be needed to ensure you are compensation for the diminution (loss) in value.
Non-Economic Damages
Noneconomic damages means money awarded as compensation for non-monetary losses and injuries which the plaintiff has suffered, or is reasonably likely to suffer in the future, as a result of the defendant’s negligence. They are awarded for such things as physical pain and suffering, mental and emotional pain and suffering, and loss or diminution of the ability to enjoy life’s pleasures.
Non-economic damage is harder to quantify because you cannot look at a medical bill or have an expert calculate the lost wages over a lifetime. But non-economic damages, which refers to the physical discomfort and emotional distress suffered because of the injury, are typically much larger than economic damges.
Calculating a fair amount for pain and suffering often requires the guidance of a skilled car accident lawyer.
Punitive Damages
If a jury finds that a defendant’s actions demonstrate recklessness (much worse behavior than a mistake), punitive damages may be granted to penalize the offender and discourage similar conduct. For car accident cases, use of a cell phone while driving can rise to recklessness. Very rarely are these kind of punitive damages awarded.
Other Factors Influencing Your Settlement
Other factors that affect the compensation for your car accident include:
Severity of Injuries: Generally, more severe injuries lead to higher settlements due to increased medical costs and a greater impact on quality of life.
Impact on Quality of Life: Injuries that lead to a permanent disability or significant changes in your lifestyle and ability to enjoy life merit higher compensation.
Insurance Policy Limits: The defendant’s insurance coverage can also limit the compensation available in some cases.
How a New London Personal Injury Attorney Can Help
Navigating the complexities of a personal injury claim while recovering from your injuries can be daunting. Here’s where the role of a New London personal injury attorney becomes critical:
Case Evaluation: An experienced attorney can objectively assess your claim’s value, considering all potential damages while understanding how an insurance company values your injuries and what is needed to show the insurance company the true value of your claim.
Negotiation with Insurance Companies: Personal injury lawyers are adept at negotiating with insurance companies to ensure you receive a fair settlement. They understand the tactics insurers may use to minimize payouts and are prepared to counteract them effectively.
Legal Guidance: Understanding the legal framework surrounding personal injury claims in Connecticut is crucial. Your attorney will handle all legal aspects, from filing the claim to representing you in court if necessary.
Furthermore, working with a knowledgeable attorney can give you the assurance you need, knowing your case is handled with the utmost importance and consideration.
At Conway, Londregan, Sheehan & Monaco, we advocate for the rights of those injured by others’ negligence every day. Our team of dedicated personal injury lawyers in New London understands the complex nature of personal injury law and works diligently to achieve the best possible outcomes for our clients.
Call Our New London Personal Injury Attorney Today
Assessing a fair settlement for your car accident claim involves thorough evaluation of various factors, including the extent of your injuries, their impact on your life, and the specifics of the law in Connecticut. Partnering with a knowledgeable New London personal injury attorney ensures your rights are protected and you pursue the maximum compensation you deserve.
The lawyers at Conway, Londregan, Sheehan and Monaco are committed to obtaining fair compensation for our clients, and our experienced and compassionate approach helps us achieve this goal. If you find yourself facing the aftermath of a car accident, remember that you do not have to go through it alone. Contact us to explore your options and take the first step toward securing a fair settlement for your car accident case.