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What is A Fair Settlement? What is My Case Worth?

The worth of your car accident case depends on many factors, including the severity of your injuries, the impact on your life, and the at-fault party’s ability to pay. Settlements typically cover both economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering), while in some cases, punitive damages may also be awarded.

How to Calculate Economic Damages

One of the main things you can receive compensation for is any current medical bills due to the accident. This includes emergency room visits, surgeries, hospital stays, medications, physical therapy, and any other treatments directly related to the accident. These are concrete costs that are easily documented through bills and records.

You may also be entitled to compensation based on:

  • future medical costs
  • lost wages
  • loss of earning capacity
  • future lost wages

Property Damage

This is typically one of the most straightforward parts of a settlement. If your vehicle is repairable, the settlement should cover the cost of repairs.

If your car is deemed a total loss (the cost to repair it is more than the value of the car), you are entitled to the fair market value of the vehicle before the accident.

You may also be compensated for any personal property damaged in the accident, such as electronics, car seats, or other belongings inside the vehicle.

Non-Economic Damages, Including Pain and Suffering

Other damages you could be entitled to include:

  • Physical Pain: Compensation for physical pain is common in car accident cases, and the value often increases based on the severity and duration of the pain. Severe or chronic pain could lead to a higher settlement.
  • Emotional Distress: This includes anxiety, depression, trauma, or other emotional and mental health issues resulting from the accident. If you suffer from PTSD or other psychological conditions because of the accident, these may increase your settlement.
  • Loss of Enjoyment of Life: If the injuries significantly affect your ability to enjoy activities you used to engage in (hobbies, sports, etc.), you may be compensated for the reduced quality of life.

Liability

Liability plays a big part in determining what your case is worth.

  • Comparative Fault: If both parties share some blame for the accident, your settlement may be reduced based on your percentage of fault. For example, if you are found to be 20% at fault for the accident, your settlement might be reduced by 20%.
  • Clear Liability: If the other driver is entirely at fault, this strengthens your case for full compensation.

Severity of Injuries

In cases where injuries are minor (e.g., soft tissue injuries), settlements are typically lower, as medical bills and recovery time are reduced.

Severe injuries, such as broken bones, traumatic brain injuries, spinal cord injuries, or permanent disabilities, can significantly increase the value of the case. These injuries lead to higher medical costs, longer recovery times, and often permanent impacts on quality of life, all of which are factored into a larger settlement.

Settlements vs. Trials

Most car accident cases are settled out of court, as this allows both parties to avoid the time and costs associated with a trial. Settlements are typically based on negotiations between your attorney and the insurance company.

If a fair settlement cannot be reached, your case may go to trial. A jury will then decide the amount of compensation. Trials carry some risks, as the outcome can be uncertain, but they also provide the possibility of a higher award.

How to Determine What Your Case Is Worth

Each case is unique, but working with an experienced attorney can help you assess the worth of your case. They can evaluate all of the relevant factors, gather evidence, negotiate with insurance companies, and advise you on whether a settlement offer is fair or if it would be better to take the case to court.

Don’t Wait!

If you’ve been in a car accident, don’t face the aftermath alone. At Meinhart & Manning, we’re here to help you get the compensation you deserve. Contact us for your free consultation by filling out our easy-to-use online form or calling us at (877) 776-1219 today. Let our experienced attorneys guide you through every step of the process, so you can focus on your recovery while we fight for your rights.