The most commonly asked question for any auto accident victim is ‘what is my case worth?’ Many factors go into determining the value of an auto accident case. How bad were the injuries sustained from the accident? Is the victim able to work or are they permanently disabled? Is there an unusual amount of pain & suffering? Will the victim be able to return to their normal life as before the accident? The bottom line is there is no magic formula that can be used to determine an exact value. So how is the value determined? If you have been injured it is highly recommend you speak to a qualified auto accident lawyer to sit down and discuss your case. With an auto accident lawyer can you get an accurate estimated value of your case.
One of the most serious factors in any auto accident case is fault. Typically, the person at fault for the accident will be responsible for all damages associated with the accident. It is important to know that some states (such as Maryland) have a contributory negligence law. This means if you are just 1% at fault for the accident you may be considered partially responsible for the accident and therefore unable to collect compensation for your damages. Does this mean you do not have options? Every case is unique and therefore a complete case evaluation should be completed to give an accurate answer.
Damages (also known as losses) are used to calculate the value of any personal injury claim. What exactly have you lost because of the accident? One of easiest type damages to calculate is medical bills. Did you have a one night stay in a hospital, or perhaps serious surgery with several weeks of recovery time? Whether your medical bills were high or low, they are part of your damages and used to calculate the value of your personal injury claim.
Knowing that you are not at fault and the other driver was negligent may not be enough. Evidence may be used to prove to the insurance companies you are not at fault. If negotiations fail, you may have to prove your case in a court of law. This is why it is so important to get all the facts from the very beginning. For example; at the scene of the accident, you want to be sure to get a copy of the police report. Also, you will want to collect as many names and phone numbers from nearby witnesses. All of this information can be very valuable later.
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