When one gets into a car accident, several unwanted consequences will be experienced. Accidents always lead to permanent injuries which might affect your future earnings.
And by that, loss of quality of life is met.
It is hard to avoid accidents. Even if you are careful with your driving, there are some other drivers out there who are just heedless of their ways.
Also, certain factors may cause this undesirable situation. Negligence is the main cause of road accidents which may lead to fatal injuries or death.
When these mishaps happen, it is important to contact a lawyer to help you in filing the case.
You might be asking,” What is my auto accident case worth?” Let's discuss that now.
Table Of Contents
- Common Causes of Car Accidents
- Common Car Accident Injuries
- Factors to See In the Case
- The Drivers Duties
- Knowing What the Damages and Pain and Suffering Are Worth
- Calculation Of The Break-Even Point
- When More than One Person Must Be Blamed for the Injury
- When Working With An Insurance Claim
- The Need for an Attorney
- Questions To Ask The Attorney
- In The End
If you are struggling with the answer, then this page will guide you with that.
Common Causes of Car Accidents
It sounds boundless hearing out the causes of vehicle accidents. There are many variables with these. It is the police’s job to define the cause of the collision to know who is at fault.
Here are some of the common causes of car crashes:
- Human Error
Human error is the major cause of road accidents and even the worst part.
Of course, drivers must take responsibility when they are on the road, yet there are some who just ignore it.
- Distracted driving
Distracted driving is a major problem. When a person drives and is being distracted by gadgets and gizmos, then this will increase the probability of a collision happening.
This is because drivers cannot focus on the road as they are busy texting or calling someone. There are also those who keep on driving and are still applying makeup because they already have a few minutes left before arriving at work.
Multi-tasking is good but not on the road.
- Medical conditions
Medical conditions such as stroke, seizures, heart attacks, and even by falling asleep on the wheels can cause a lot of trouble on the road. Serious accidents may happen here, especially when the driver loses consciousness.
When drivers are feeling ill, it is best to just stay at home and rest.
- Driving Under the influence
It is wrong for a person to drive while under the influence of drugs or alcohol. Many fatal accidents happen because of this one simple thing.
This is because when a person is not on his clear mind, it puts the much greater risk of having a road accident.
- Not knowing the laws
For new drivers in a new area, it is not good to ignore the law. Everyone should gather proper knowledge when they are in new places to prevent disrupting situations.
Another thing is for those who do not know how to drive. While this person is handling the wheel, it puts a higher risk of road mishaps.
- Mechanical Failure
Sometimes, mechanical failure strikes as the cause of a road accident.
There are various reasons as to why this happens. Whether it is out of control or not, accidents will always be accidents and they can ruin someone’s life.
- Defective traffic lights
Faulty traffic lights put vehicles at a greater risk of accidents.
This commonly happens to individuals who are not familiar with the area, particularly when running through an intersection.
- Vehicle maintenance failure
Regular maintenance is necessary. There are drivers who keep on checking their vehicles before getting on the road just to be sure. It is the responsibility of vehicle owners to check, care, and maintain their cars to get rid of road mishaps.
- The fault of the manufacturer
Although this is not common, some causes of car accidents happen on the manufacturer’s side.
This is because of how the car was mistakenly built.
For drivers of new cars, it is essential to check out any problems with the vehicle. When something is wrong with it, then you have the right to get back to the manufacturer and have the problem repaired.
Here is an article about the Top Automobile Recalls in 2017
Sometimes, the weather takes control of accidents. This happens during heavy rain, thick fog, high winds, and slippery roads.
It’s best to just stay at home when the weather is not good than driving out your car to prevent accidents from happening.
Common Car Accident Injuries
There are around more than 3 million people who are injured each year because of car collisions. The result of their injuries typically varies to each collision’s circumstances. And by that, the most typical damages people suffer are:
1. Head Injuries
For head injuries, they sometimes are taken as minor but also severe. Victims need to be rushed to the hospital after an unexpected crash.
When the head hits something or when it experiences abrupt or unnatural movement, then it will most likely cause muscle strains to both the back and the neck.
With how serious the impact is comes scraping or lacerating the head. Even if there is no blood seen on the head, immediate medical attention is right away required.
If you need to learn more about traumatic brain injuries and how a lawyer can help please click this link.
2. Chest Injuries
Chest injuries usually take the form of contusions.
But sometimes, they can be more serious such as internal injuries and damaged ribs.
3. Cuts and Scrapes
During car crashes, any loose object in the car will directly be thrown about the interior which then hits the body, hence, cutting or scraping your skin.
It is these cuts and scrapes which may cause blood loss.
4. Soft Tissue Injuries
This type of injury is damaging the connective tissue found in the body such as the tendons, muscles, and ligaments.
But of course, soft tissue injuries take up in many forms such as strains, sprains, whiplash, and contusions.
5. Arm and Leg Injuries
Both your arms and legs have extremely little room for movement.
When accidents occur, it may cause damages to these body parts. But the level of injury depends on the collision’s strength.
Factors to See In the Case
It is a tough situation to be involved in a vehicle accident. You might not know what to do or you may have trouble thinking about who to look for.
When car accidents happen and you are involved with it, it is best to understand how you deal with it.
Here are some of the factors you need to see for the accident’s case.
Knowing who is at fault.
The most important factor when it comes to car accident claim is the one who is at fault. This helps you have a practical claim against the insurance company of the driver. There are things which are rightly done here.
To help you determine who is at fault, then the traffic crash report will help you with that. This is where a law enforcement representative will gather and present all the facts he acquired during the accident.
With those facts, it is easy to recognize which one is at fault.
Knowing who was injured in the accident.
Some injuries only need minimal treatment while others require serious ones.
It is with the injury’s level which may affect the case as medical costs are all associated with it.
Looking up for clear evidence to use.
Clear evidence, is what every plaintiff needs to fight for their case. The more evidence there is, the better your lawyer can help with the case. It is much easier to win the case when evidence is clear.
Some examples of these pieces of evidence are the police’s report, photos of those vehicles involved in the collision scene, information from an eyewitness, and details taken from the other driver.
The Drivers Duties
Drivers are required by the law to apply reasonable care when they are on the road to avoid accidents. This is why requirements are provided to be worked out and studied by either new or experienced drivers.
Whenever the driver fails to meet these prerequisites, then he may be found to be breaching their duty.
- The work of a reasonable speed.
- Maintaining the car’s control.
- The right lookout to be wary about.
- Proper use and maintenance of equipment.
When it comes to motor vehicle laws, drivers are expected to be proper in handling their vehicles. And by that, when these laws are disobeyed, will give them a negligence presumption.
When this happens, the defendant should, in any case, present any evidence to the plaintiff to prove that he is not negligent.
Knowing What the Damages and Pain and Suffering Are Worth
It is a real challenge when you are suffering after a car collision. And with that, there are factors you need to see when setting a claim value.
Although there is no exact formula for your accident’s worth, these factors can help you determine the case’s value.
This typically applies to both the settlement and the decision of the trial and jury.
- Damage to the vehicle
It is the job of the insurance company to evaluate the damage to the vehicle.
This is done to assist with the value of the injury claim. If your vehicle only obtains a little damage, then the insurer will argue about your injuries.
- Coverage of the insurance
It is with the at-fault driver’s insurance coverage that helps you in the compensation amount you may expect for your injuries. Although the taken policy limit serves as a cover on the settlement, still, a lawsuit will go to trial.
But you cannot take everything. Even if the jury may provide you that explicit amount that exceeds the defendant’s insurance policy limits, it still, needs to acquire adequate personal resources for the judgment.
- Medical expenses
Any medical care being received for the cure of your injuries is all included with the damages.
And by that, the total amount is calculated, which is then added to the other charges.
- Pain and suffering
This includes both the pain and discomfort you are experiencing after the incident.
But it does not only cover up the physical side but your mental and psychological areas as well – which include fear, anxiety, depression, and post-traumatic stress disorder.
- Lost earning capacity
It is difficult to cope after a car collision, especially when you have suffered so much pain.
Your income which is lost and will be lost is already counted as compensatory damages.
- Loss of quality of life
For serious injuries, it may cause a person’s loss of happiness and enjoyment. This is because they can no longer function properly. This also brings the impact of their relationship towards spouses.
When the injury you got from the accident already affects your capability to work or to do activities, then you are entitled to be compensated for it.
Calculation of the Break-Even Point
When talking about the break-even point, this is the amount the victim may receive when the case goes to trial.
This is in line with comparative negligence, litigation expenses, and the risk of losing. The damages which the jury awards to the trial’s conclusion.
The lawyer will calculate the award of damages completed by the jury.
Here are some of the components which the legal professional takes in:
- The entire lost wages amount starting from the trial’s date.
- Medical expenses such as pharmacy costs, physical therapy, and other related healthcare budgets.
- Future medical costs for the suffered injury.
- Value of the wage loss in the future.
- Emotional distress and loss of quality of life.
- Coping expenses when an injury is permanent.
The jury’s assessment of comparative negligence.
It is the jury’s job to identify the driver who is involved with no negligence. And by that, it is the job of the lawyer to estimate how the jury may evaluate any comparative negligence. They work with it by eyeing over the jury’s verdicts to comparable cases in the past.
The specific odds of losing.
The attorney will see the risk put by the jury when the fault is placed on the injured victim. When this happens, then the victim will never get anything.
But when the victim wins the case even when he is at fault and the defendant was found to be a little at fault of the mishap, then the lawyer will calculate the percentage of damages which the defendant holds.
But when the victim holds a 50/50 chance of having the entire fault, then the value here will be deducted to around 50% which is the odds of losing.
The cost of the case when it goes to trial.
Even if the case goes to trial or not, there are expenses that need to be sustained. It is expensive to have the case go to trial before expert witnesses are costly.
These experts are professionals who can prove any fault or damages caused by the accident.
When it comes to the calculation of the break-even point, it thoroughly needs someone who is keen and well-experienced with the job. Also, that professional should be aware of how the juries may take up decisions on the case. This is why a lawyer is needed to help both plaintiff and defendant.
When More than One Person Must Be Blamed for the Injury
There are accidents in which more than one person is taken at fault. If both you and the other driver are negligent, then both of you are at fault for the incident.
This then driver the factors of the types of Negligence which include:
This involves the fault’s amount that belongs to each of the parties causing the accident.
When this happens, each party may collect an equal percentage of the fault, thus, bringing them to receive equivalent damages.
This speaks of you contributing to your own injury. With this system, no matter what percentage you hold for the fault, you can never collect any compensation from the other party who exceeds the percentage you got, no matter how small it is.
When Working With an Insurance Claim
When it comes to an insurance claim process, it is necessary to find and work with a car accident lawyer here, especially when:
- You have no knowledge in evaluating the claim.
- The liability is either not clear or is shared among the parties.
- The adjuster wishes for medical records you have prior to the incident.
- You are not at ease in discussing a settlement.
- The adjuster is giving a settlement.
- You hold a lost wages claim which you cannot verify.
Before you talk to an insurance adjuster, it is important to contact a lawyer first. It will save you from creating any statements to the adjuster which might just ruin your claim.
The Need for an Attorney
It is best to hire a lawyer to help you with your car accident case. And with this, you need to find a good one who is experienced to assist you in recovering losses and working with insurance claims.
But choosing a lawyer is not easy. You need to be extra careful here as what you are working with is a serious case. To help you with that, here are some things you need to know before hiring such a professional.
Do you really need a lawyer?
Being involved in a car accident that causes your painful injuries is difficult. And by that, hiring a lawyer can assist you with the case.
There are a lot of things that these professionals can do and be defending your case is just one of their responsibilities.
With this, choosing a proficient and experienced lawyer will help you get all the suffered damages lost such as repairs, gone wages, and medical costs.
What You Need to Look For
You may file a lawsuit on your behalf or get an attorney to help you with it. It is best to contact a lawyer right after the incident to avert expensive mistakes which may add harm to the damages.
The earlier you call a lawyer, the lesser expenses you will face.
When choosing an attorney, it is essential to keep track of their qualities. Of course, it either makes or breaks your case.
A lawyer who is thoroughly focused will never juggle things at once. He works with cases one on one.
It is important for this professional to concentrate on one case at a time so as not to be confused. Handling cases is a serious and complex task and should be taken with prodigious responsibility.
An honest lawyer is what you need. Checking out his background and reading out some reviews will help you identify his reliability.
Of course, if you have a reputable attorney, then he can properly help with the negotiation process with those insurance companies.
An experienced lawyer is someone you have to work with.
The more years such professional has been handling car accident cases, the easier it is to trust him, more specifically when you have eyed over those wins.
Be sure to choose an attorney with who you can get along with. Aside from that, you must also check out the professional’s skills dealing with judgment, communication, analytical, research, and people.
Questions to Ask the Attorney
It is wrong to hire a lawyer immediately without even asking some questions. Getting detailed information about him is essential to identify if he can really help you with the case.
For these questions, you need to focus on the length of his practice, his experience, how much involvement is projected on your part, how he can handle your case, how he keeps you updated, and how he provides fair fee arrangements.
In The End
Knowing how much the accident is worth can be affected by each driver’s conduct. If you are the one bringing a lawsuit, then you need to prove to the defendant his negligence.
If the collision is partly your fault, then the insurance company will lower the settlement. This is where the jury may be found to be in approval of the defendant.
But aside from that, they may decrease any possible award through your fault. Whether it is your fault or not, hiring a skilled lawyer is still the best help you can find.
An experienced auto accident attorney will lighten your burden. Choose The Roth Firm for exceptional legal representation.