Car accident lawyers will tell you this is one of the most common questions from clients, but it's also one of the hardest to answer, especially when key pieces of the car accident puzzle are still missing.
As the case progresses, a car accident attorney should be able to provide a ballpark estimate of what the plaintiff can expect to recover by way of settlement. But it's a different story if a car accident case goes to trial.
In any event, a car accident attorney will want to manage the plaintiff's expectations while focusing on the factors that have the greatest impact on car accident case value. Let's look closer at these key factors.
There are two main types of compensable losses ("damages" in the language of the law) available to someone who's been injured in a car accident case: economic damages and non-economic damages. You and your attorney need to have a fairly complete picture of both of these categories before you can start to attach a dollar value to your car accident case.
Economic damages are out-of-pocket losses directly related to the car accident. These include:
In a car accident case, economic damages are the easiest to calculate, although it can be difficult (or it may take some time) to determine their full scope and extent.
Non-economic damages refer to car accident losses that are less tangible, and that are tougher to capture with a dollar figure. These include:
When you file a claim against another driver for injuries resulting from a car accident, it's rarely the driver who actually pays out a settlement or court award. Instead, it's the other driver's car insurance company that pays. So, their car accident policy limits may determine how much money you can realistically recover. (Get details on different types of car insurance.)
Until your lawyer can confirm the details of the other driver's car insurance policy, and get a sense of their overall finances, the attorney can't know for sure what your case is worth. This is because even if the attorney can somehow accurately estimate your damages, if the other driver carries only the state's minimum car insurance coverage, and has no significant income or assets, your case value will likely match the policy limits. Learn more about how car insurance affects a car accident case.
Unless both sides are in agreement on the extent of your damages and who was at fault for the car accident (which is unlikely), you'll have to provide strong evidence backing every aspect of your claim. That means, among other things:
It's rare for an attorney to be able to assess the strengths and weaknesses of a client's car accident case without first doing a fair amount of investigation and preparation. That means it will be difficult for your lawyer to estimate what your case is worth until:
Most car accident cases end in settlement, and only a very small percentage of car accident lawsuits make it all the way to trial. But even the prospect of going to trial can have an impact on the perceived value of a car accident case.
Not all juries and judges will decide cases the same way. Some counties, even those right next to each other, will have significant differences in the tendencies and biases regarding personal injury lawsuits. Local attorneys learn which counties are more "plaintiff friendly" or "defendant friendly."
In some situations, there will be more than one potential location where a lawsuit can take place. Until your attorney chooses where to file the lawsuit, and the defendant confirms it won't contest the chosen location by filing a motion for change of venue, there may be a significant unknown in determining what your case is worth.
In the days and weeks after a car accident, it might help to focus more on protecting your health and building your claim, and worry less about what the outcome of your case might look like. That means:
When your car accident injuries are significant, it might make sense to discuss your situation with an experienced legal professional. Learn more about how a car accident lawyer can help your case, and how car accident lawyers get paid.
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