When it comes to determining how much you’re entitled to receive in the wake of a car accident with injuries, there are a lot more factors that go into play than meet the eye. You can probably guess some of the factors that influence your total payout amount, but odds are you aren’t considering some others, and that can leave thousands of dollars on the table if you try to pursue compensation without a lawyer. Below, we look at the factors that influence your award amount in the wake of a car accident with injuries.
Factors To Consider When Filing A Car Accident Claim
All of these factors play a role in determining how much compensation you may be eligible to receive in the wake of an accident. Even if you’re aware of all these factors, you can expect the other party’s insurance company to push back on some of your claims, so it’s best to have an attorney by your side to strengthen the following factors.
Vehicle Damage – One factor that influences your award amount is the total damage to your vehicle. Whether you need to have a couple hundred dollars of work done or your car is totaled, you can be recouped for those costs.
Medical Expenses – You can also file to recoup medical expenses related to your car accident. Physician visits, imaging exams, physical therapy sessions, medical supplies and even surgery expenses can all be awarded after a car accident.
Your Role In The Crash – The above points focus more on what compensation you’re eligible for, but the following factors impact your total payout in a different way. It’s not just about adding up the cost of an accident and awarding it to one party, a judge also has to look at the nature of the accident itself. For example, if you were also partially responsible for your accident, even if the other party was deemed at fault, that can impact your total payout. If the judge feels that you were 20 percent at fault for the accident, they may only award you 80 percent of the total amount you file for. It’s also worth noting that you can’t collect compensation if you are deemed 51 percent or more at fault for the accident.
The Other Party’s Actions – Your award amount can also be influenced by the actions of the driver in the moments leading up to the accident. For example, you may be entitled to a greater award if the other driver was under the influence and driving recklessly, or if they were caught following a hit and run. Proving that the other driver was distracted can also affect your total payout.
The Evidence You Bring To Court – Finally, even if everything you are filing for is true, if you can’t credibly back up your math and your claims, you may not receive your full award amount. That’s why it’s so important to collect witness statements, write down your recollection of events shortly after the accident and to contact a lawyer who can help strengthen every part of your claim before going to court. In the words of Jamie Foxx in Law Abiding Citizen, “It’s not what you know, it’s what you can prove in court,” so make sure you have a lawyer by your side when you file your claim.
For help with any part of your car accident injury claim, or to learn how we can help strengthen your case, reach out to the experienced legal team at Hey Workers today.
