If you have been injured in an accident due to other driver’s negligence, it is natural that you may want to know how much you can expect to receive in compensation. A whole host of factors affect the dollar value of your auto accident claim. Every case is unique, but there are several common factors that can either decrease or increase the amount of compensation you may get in a court-based lawsuit or insurance settlement after the personal injury.
Let’s take a look at the factors in an auto accident claim that are particularly important:
The Evidence of Negligence
In order to build a strong case against the defendant, you need to have solid evidence indicating that they were negligent at the time of accident. Some important pieces of evidence to support your claim include traffic camera footage, witnesses to the accident, and the police report stating that the accident was a result of the defendant’s careless actions.
The Type of Medical Treatment
The recommended medical treatment for the injury has a significant impact on the settlement claim. Immediately after the accident, you should seek treatment and get a medical record of your injuries. If the doctor prescribes certain rehabilitation benefits, including workplace modifications, vocational counseling, social rehabilitation counseling, and home modifications, the value of your auto accident will increase. On the other hand, your claim will be valued less if the medical costs are only for diagnosis rather than any treatment.
In addition, if a medical professional at a hospital or clinic provides treatment, your claim will have a higher value, in contrast to when it is given by a non-M.D. provider in a private medical institution.
The Severity of your Injuries
One of the largest factors determining the value of your personal injury claim is the severity of your injuries. As a rule of thumb, the more severe injuries you sustain, the higher will be the value of your claim. Injuries that lead to permanent or long-term disabilities have the highest amount of compensation. If you have sustained hard injuries, such as nerve damage or broken bones, the value of your claim will be relatively higher than in the case of strains, sprains, and other soft tissue injuries.
Consistency of your After-accident Lifestyle with the Injury Claims
To establish whether you have exaggerated the severity of your injuries, the defense will most likely hire an investigator to ensure that the damages from the injuries reflect on your lifestyle. For example, if you claim to have pain in any or both of your hands, you shouldn’t be able to lift heavy things or perform strenuous tasks.
The value of your claim will decrease if you were partly responsible for the accident. In this case, comparative negligence will be calculated, and subtracted from the amount of compensation you are entitled to receive.
The best way to ensure maximum compensation for the damages in an auto accident claim is to enlist the services of an experienced and reliable attorney as soon as possible. Contact the Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online today to schedule your initial consultation.