If you’re in a car accident, the damage is not necessarily limited to only dented bumpers and scratched paint. Often, there are injuries, lost wages, and family impacts that might potentially result in a claim for monetary compensation. Below are five of the most important considerations you may have when deciding the value of a claim.
Liability
The single most crucial element to the car accident claim is the assignment of liability. At times, there is clear causation that leaves one driver with singular liability. For example, if one driver ran a red light and drove into another car, they will obviously hold the liability. However, when both drivers have displayed a certain degree of negligence, you may very well share the responsibility for the incident. For example, if a distracted driver crashed into someone who slammed on their breaks very suddenly, both could be considered at fault.
Severity of Injuries
When a collision results in injury or even a fatality, the chance that car accident claims will likely be brought forward is relatively high. Factors such as the severity of injuries, the level of pain and suffering endured, and whether the injury is temporary or permanently disabling will all be factors that the judge or insurance company considers when determining the claim’s possible value.
Lost Wages
If you are injured in a car accident, you may miss work. You might simply stay at home for a few days nursing a heavily bruised leg. However, for more serious injuries, you may need to attend intermittently medical appointments for a few months. Finally, you may be incapacitated and unable to return to work for years or ever again. When you lose wages or even your job as a direct result of injuries sustained in a car accident, those losses will be considered when the judge decides the value of your car accident claims.
Defective Parts
Sometimes a traffic accident isn’t caused by a driver at all. An accident could instead be caused by a defective part or an inadequately maintained vehicle. If it is determined that a vehicle part was defective and contributed to the collision, the vehicle manufacturer may be the focus of any resulting car accident claims. If the defect is widespread enough, the manufacturer may even be forced to recall that part. However, if the problem was caused by a maintenance issue, the owner of the vehicle could be liable for operating an unsafe vehicle.
Your Family
Surprisingly, your family structure may also be used to help determine the value of your car accident claim. Suppose you are prevented from providing income to your family or are unable to interact normally with your spouse or children due to injuries you sustained in the accident. In these and similar cases, the value of your claims may increase.
There are many factors to consider when determining the value and possible outcome of a car accident claim. As the injured party, it is up to you to gather records, describe how the accident has adversely impacted your life, and seek a qualified professional’s assistance in filing a car accident claim.
