Car accidents cause more serious injuries than any other type of accident. Injuries range from the minor bump, scratch or cut right through to catastrophic brain and spinal injuries and fatalities. There are so many variables involved in a car crash that it is hard to generalize how much a personal injury settlement is likely to be if the injuries were someone else’s fault.
Unless the injuries are minor, and the damage to the car is not serious, there may be a good case for filing a personal injury claim as long as the reasons for the car crash can be identified and evidence can be provided demonstrating that the injuries and damage were caused by someone else’s negligence.
The use of an experienced personal injury attorney will normally increase the chance of obtaining a fair PI settlement.
What Makes Up the Average Personal Injury Claim
A personal injury claim is divided into two main components: an economic component and a non-economic component. Calculating the economic component of a claim is reasonably straightforward. If the injuries are very serious and either long term or permanent, calculations involve predicting what the financial outcomes are likely to be and this needs to be attended to carefully, or the accident victim could easily find him or herself out of pocket.
Economic damages should include:
- the cost of treatment to date
- anticipated future treatment if necessary
- the cost of repairing or replacing damaged property, especially the car involved in the car crash
- transport costs associated with the loss of the use of the car
- replacement of loss of earnings as a result of an inability to return to work straight away
- anticipated future loss of earnings
Non-economic damages are more difficult to calculate but the amount involved can be a major part of any settlement. This is one area that can be affected by the skill of a good personal injury attorney.
Non-economic damages include:
- compensation for the pain and suffering experienced
- loss of enjoyment of life
- punitive damages (if the degree of negligence is considered severe)
Factors That Influence a Final PI Payment
A final PI settlement could vary from the hundreds of dollars right through to millions. There is no easy way of calculating an “average” settlement as the number of factors that could influence a settlement is too varied. One of the advantages of discussing a possible claim with a PI attorney first before filing the claim is to decide whether it is financially worth it and what the chances of success are considering the evidence available.
Some of these factors are listed below:
- whether fault was shared or whether there were contributory factors
- the degree of negligence involved – this may decide whether punitive damages should be sought
- the validity of evidence provided by the plaintiff proving negligence
- the severity of the injuries
- the accuracy in estimating future costs associated with ongoing injuries
- whether the defendant was insured sufficiently or had assets that could be used to pay damages
- state laws on personal injury claims. In some states, for example, there are caps on pain and suffering payments. In no-fault states, claims for any injuries that are not very serious must be made through one’s own insurer
- whether a personal injury attorney was used in reaching settlement
How a PI Attorney Can Help Secure a Fairer Settlement
The financial consequences of a bad car crash can be devastating, especially if the injuries or disability are long term or permanent. The best advice for any victim of a car crash is to arrange a consultation with an experienced PI attorney as soon as they have recovered sufficiently. Most PI attorneys work on contingency arrangements. If the attorney considers the case worth pursuing, the legal fees are only paid after a settlement is reached.
