Car accidents can result from a variety of causes, including distracted driving, driving under the influence, or reckless behavior by other motorists. Even seemingly minor collisions can lead to serious injuries such as broken bones or back injuries, leaving victims in financial strain.
You may be entitled to compensation if you sustained an injury in a car accident caused by another driver’s negligence. However, insurance companies can frustrate your right to fair compensation by shifting blame, denying claims, or delaying settlements.
Our experienced car accident lawyers at Anderson O’Brien, LLP can help assess the actual value of your losses. They can also investigate the crash, gather evidence, establish liability, and initiate a claim or lawsuit against the negligent party.
Key Takeaways Involving Car Accident Claims:
- The value of your car accident case depends on factors like evidence, injury severity, insurance coverage, and recovery time.
- Liability may fall on negligent drivers, employers, manufacturers, government entities, or repair shops.
- A car accident lawyer investigates, gathers evidence, proves fault, negotiates with insurers, and, if necessary, files a lawsuit.
- Most car accident attorneys charge contingency fees, meaning you pay nothing unless they recover compensation on your behalf.
- Call a car accident attorney to enhance the value of your claim.
How Much Is My Car Accident Case Worth?
There is no average value for a car accident claim. The outcome depends on the facts and circumstances of each case. Some of the factors that influence the value of a car accident include:
Availability of Evidence
Evidence is the foundation of all legal claims. The more evidence you have, the better your chances of receiving a higher settlement value. Comprehensive documentation strengthens your negotiating position and increases the likelihood of a favorable settlement.
A pedestrian accident lawyer can use the following sources of evidence to enhance the value of your claim:
- Police crash reports with fault determinations.
- Eyewitness statements and contact information.
- Surveillance or dashcam video footage
- Photographs of the accident scene and vehicle damage.
- Medical records and treatment documentation.
- Professional accident reconstruction analysis
- Cell phone records proving driver distraction.
- Vehicle event data recorder information
- Employment records showing lost income.
- Documentation of out-of-pocket expenses.
Insurance companies are more willing to offer substantial compensation when evidence overwhelmingly supports your version of events.
Legal Representation
Working with an experienced car accident lawyer has a direct impact on the value of your claim. A car accident attorney can enhance the value of your claim in the following ways:
Accurate Claim Valuation
A skilled car accident attorney knows how to calculate the actual worth of your claim. They can calculate future medical expenses, long-term disability costs, and non-economic damages that inexperienced claimants often overlook.
While you might accept an initial offer that seems reasonable, a car accident lawyer can recognize when a settlement falls short of your losses. Their knowledge of your losses allows them to demand compensation that reflects the full scope of your damages.
Aggressive Negotiation
Insurers employ various tactics to minimize their financial obligation. A car accident lawyer understands how to counter insurance company tactics and how to negotiate effectively. They leverage their knowledge of similar case outcomes and aren't intimidated by adjusters who use pressure tactics.
Trial Readiness
Insurance companies offer higher settlements to claimants represented by attorneys willing and prepared to go to trial. A car accident lawyer can issue a demand letter to the insurer, which can compel them to make a better offer, rather than facing a lengthy and expensive trial.
Shared Fault
Your degree of fault directly reduces your compensation in states following shared liability rules. If you're found 20 percent at fault for the accident, your compensation decreases by 20 percent. For example, if your total damages equal $100,000, your payout will be reduced by $20,000, leaving you with $80,000 in compensation.
Cases where you bear no fault are worth considerably more than those where you share responsibility. Some states bar recovery if you're 50 percent or more at fault.
Insurance Coverage of the Negligent Party
The insurance coverage of the at-fault party is primarily the source of compensation for the injured victim. Therefore, the at-fault driver's insurance policy limits determine how much you’ll receive for your losses.
A case with clear liability and severe injuries is worth more when the negligent party carries high coverage limits compared to those with minimum coverage limits.
A car accident lawyer can explore alternative sources of compensation if damages exceed available coverage. For example, they can initiate a lawsuit to recover compensation from their personal assets or uninsured/underinsured coverage.
Duration of Recovery Period
The recovery period is directly proportional to the settlement value of the court award. An injured victim with a longer recovery period deserves a higher settlement value because it involves more medical treatment, extended lost earnings, and prolonged pain and suffering.
A six-month recovery requiring ongoing physical therapy is worth considerably more than a two-week recovery with minimal treatment. Extended recoveries also suggest more serious injuries and greater life disruption, justifying higher settlement values.
Severity of Injury
The severity of your injury will also determine if you’ll receive a higher or a lower settlement value. Catastrophic injuries resulting in permanent disability, such as spinal cord damage causing paralysis, are worth more than temporary injuries like minor whiplash.
A traumatic brain injury requiring lifelong care and preventing future employment commands higher compensation than a broken arm that heals within months. Permanent injuries that affect earning capacity, independence, and quality of life also justify higher settlements than injuries with complete recovery and no lasting impairment.
Who Is Liable in a Car Accident?
Here are the parties who may be liable for a car accident:
Other Drivers
Other motorists are the most common liable parties in car accidents. Drivers who violate traffic laws, engage in distracted driving, speed, tailgate, run red lights, fail to yield, or make improper lane changes can be liable for resulting collisions.
Negligent drivers who cause accidents through careless or reckless behavior must compensate victims for injuries and damages. Liability extends to drivers who operate vehicles while impaired by alcohol or drugs., demonstrating gross negligence that often warrants punitive damages.
Vehicle Manufacturers
Defective vehicle parts or design flaws can cause accidents even when drivers drive properly. Manufacturers may be liable when faulty brakes, defective airbags, tire blowouts, steering failures, or accelerator malfunctions contribute to crashes.
A car accident lawyer can initiate a product liability claim against negligent manufacturers, distributors, and dealers for placing dangerous vehicles or components into the marketplace. These cases typically require professional testimony establishing that manufacturing defects or design deficiencies directly caused the accident and resulting injuries.
Employers
Companies can be held liable for injury-related losses resulting from accidents involving their employees under the legal doctrine of vicarious liability, also known as respondeat superior. Employer liability arises when employees cause accidents while performing job duties or driving within the scope of employment.
Employer liability is common with trucking companies, delivery services, rideshare companies, and other businesses whose operations involve vehicular transportation. Employers may also be directly liable for negligent hiring, inadequate driver training, failure to maintain vehicles, or pressuring drivers to violate safety regulations.
Government Entities
Government agencies responsible for road design, construction, and maintenance may be liable when dangerous road conditions contribute to accidents. Liability in government departments may arise in the following situations:
- Poorly designed intersection
- Missing or obscured traffic signs
- Malfunctioning traffic signals
- Unrepaired potholes
- Inadequate lighting
- Failure to address known hazards
A car accident lawyer can initiate a claim against a government entity, navigating strict procedural requirements, shorter filing deadlines, and sovereign immunity limitations.
Repair Shops and Mechanics
Auto repair facilities may be liable for accidents caused by negligent repairs or maintenance. Mechanics who improperly repair brakes, fail to identify safety issues, incorrectly install parts, or perform substandard work can be liable for the resulting crashes.
Repair shops have a professional duty to ensure vehicles are safe for operation before returning them to owners. When their negligence contributes to accidents, they share liability alongside other responsible parties.
Multiple Party Liability
Car accidents also involve shared responsibility among multiple parties. A single car crash can involve negligent drivers, defective vehicle components, and hazardous road conditions all at once.
A car accident lawyer can apportion liability among all responsible parties based on their respective degrees of fault. The distribution of fault allows the injured victim to pursue maximum compensation from everyone whose negligence contributed to their injuries.
How to Claim Compensation for a Car Accident
You can initiate an insurance claim or lawsuit to recover compensation for your losses. A car accident attorney provides legal assistance throughout each stage of your claim, ensuring you receive the compensation you deserve.
Here’s how you can recover compensation for your losses:
Investigation and Evidence Gathering
A car accident attorney will initiate the process by investigating your case. They can visit the accident scene, photograph evidence, and identify all available sources of proof. They can also obtain police reports, secure surveillance footage, interview eyewitnesses, and consult accident reconstructionists.
They will also gather medical records, employment documentation, and receipts for out-of-pocket expenses to make a case for economic damages.
Determining Liable Parties
An experienced car accident attorney can identify all potentially liable parties beyond just the other driver. They can investigate whether vehicle defects, employer liability, government entities, or third parties contributed to the accident.
Establishing the Value of Damages
A car accident attorney will calculate both economic and non-economic damages that victims often underestimate. They can work with medical professionals to project future treatment costs or consult vocational specialists to assess lost earning capacity.
Their comprehensive valuation of losses ensures settlement demands reflect the actual worth of your claim rather than accepting inadequate initial offers.
Negotiating with Insurance Companies
A car accident lawyer will handle all communications with insurance adjusters, protecting you from tactics designed to minimize payouts or trap you into damaging statements. They submit demand packages with compelling evidence.
They can also respond to insurer arguments with persuasive legal reasoning and negotiate aggressively for maximum compensation.
Filing a Lawsuit
When negotiations fail to produce fair settlements, a car accident attorney can file a lawsuit within the applicable statutes of limitations. They can draft legal complaints, conduct discovery to obtain additional evidence, depose witnesses, retain expert witnesses, and prepare cases for trial.
Throughout litigation, a car accident attorney will continue negotiating while demonstrating their readiness and ability to win at trial.
Trial Representation
If your case proceeds to trial, a car accident attorney can present evidence, examine witnesses, argue legal motions, and advocate persuasively before juries. Their courtroom experience and litigation skills give you the best opportunity to secure a fair and just settlement.
Don’t Let Insurers Undervalue Your Claim
After a car accident, lost productivity from missed work or reduced earning capacity can cause financial strain. Despite your right to compensation, you must prove how the actions of the negligent party contributed to your losses.
At Anderson O’Brien, LLP, our experienced personal injury lawyers can use evidence to prove your damages and build a strong case that maximizes your recovery. You can rely on us to safeguard your legal rights while you focus on your recovery. Contact us online or at (715) 344-0890 for a free consultation.
Car Accidents Frequently Asked Questions:
How Much Does a Car Accident Attorney Cost?
Most car accident attorneys work on a contingency fee basis, charging a percentage of your settlement or verdict. You pay nothing up front, and attorney fees are only collected if you win your case.
The contingency-fee arrangement makes legal representation accessible regardless of financial situation.
Is It Worth Hiring an Attorney for a Car Accident?
Yes, hiring a car accident attorney is a worthwhile decision. They accurately value your claim, negotiate aggressively with insurers, handle legal procedures, and typically secure substantially higher settlements than unrepresented claimants.
When Is It Too Late to Get a Lawyer for a Car Accident?
It’s rarely too late to hire a car accident lawyer. You should contact a car accident lawyer if you face severe injuries, wrongful death, low settlement offers, or disputed liability.