What Factors Will Impact Your Car Accident Settlement?
Car accidents are traumatic events. In the aftermath that follows, you may consider filing a claim against the liable party for compensation. How much compensation can you claim, though? That is one of the most commonly asked questions after a crash. No one can determine the exact amount you deserve without fully examining the facts of your case. There are many factors that can impact the amount of your settlement. Below, our San Antonio car accident lawyer explains what these are.
The Cost of Medical Treatment
Contrary to what many people think, the cost of medical treatment makes up the bulk of damages in car accident claims. You must also reach maximum medical improvement (MMI) before filing your claim so you can pursue not only your current medical costs, but those you will incur in the future, as well.
The Income You Lost
After a serious car crash, you may not be able to return to work right away. Even when you are able to return, you may still miss a significant amount of work for doctors’ appointments and medical treatment. If the crash was very severe, you may not be able to return to the same line of work in the future and may have to earn a lower wage. You can pursue damages for any income you lose as a result of your injuries.
The Property Damage Sustained
Even a minor accident can result in significant damage to your vehicle. You can include the full cost of repairing or replacing your vehicle within your claim. You can also include the cost of repairing or replacing other property that became damaged, such as your smartphone.
Any Out-of-Pocket Expense
A car accident claim is intended to compensate you for any loss you sustained as a result of the crash. Therefore, some out-of-pocket expense you paid, or will pay, can be included in your claim. Some of the most common expenses people include in their claims are car rental fees, towing expenses, and the cost of medical devices, like a TENS unit or a prosthetic limb.
The Impact on Your Life
You can claim economic damages for losses that have a concrete value, such as your medical expenses and lost income. However, you can also claim non-economic damages, which do not have values that are easily quantifiable. If your injuries have caused you significant pain and you do not enjoy the same quality of life you had before the crash, you can include damages for these losses (pain, suffering, loss of enjoyment of life, mental anguish/emotional distress), as well.
Your Own Degree of Fault
There are times when more than one party causes a crash on the road. If you contributed to the accident, you may still be able to claim compensation. To do this, you must carry less than 51 percent of the blame for the crash. However, if a jury finds that you were partially at fault and assigns a percentage of fault to you (Example: 10%), then the amount of compensation awarded would be reduced by that percentage (Example: 10%).
Our Car Accident Lawyer in San Antonio Can Accurately Value Your Claim
At the Law Office of Israel Garcia, our San Antonio car accident lawyer knows the different factors that will impact your settlement and will consider them all to provide you with an accurate value of your claim. Call us now at 210-LAW-9999 or contact us online to request a free consultation and to learn more.
Source:
dol.gov/agencies/owcp/energy/regs/compliance/PolicyandProcedures/proceduremanualhtml/unifiedpm/Unifiedpm_part0/Chapter0-0500Definitions
