If you’ve been involved in a car accident, you can agree that it’s a traumatic experience, both physically and emotionally. Following a car accident, you may be burdened with various damages. Depending on the circumstances of the accident, you may be entitled to significant compensation. Insurance companies consider various factors when determining the value of a car accident claim. Please continue reading to learn what factors can affect the value of a car accident claim in California and how our trusted Santa Clara County Car Accident Attorneys can help you fight for the maximum compensation you’re entitled to.
What Factors Determine the Value of a Car Accident Claim in California?
In California, numerous factors impact the value of a car accident claim. However, one of the most significant factors is who was at fault for the cause of the accident. California is governed by a “pure” comparative negligence rule, meaning regardless of your degree of fault for the cause of an accident, you can still recover compensation for the portion of the damages that were not your fault. You can still recover compensation, but your degree of fault will reduce your award. For example, even if you are 95% at fault for an accident, you can still seek compensation for the 5% of damages that were not your fault. To receive the maximum compensation you’re entitled to, you’ll need to enlist the legal assistance of an experienced attorney who can help you gather relevant evidence that supports your claim.
The injuries victims sustain from car accidents can range from minor to catastrophic. Therefore, an accident claim’s value increases with the injury’s severity. For example, if you sustain a traumatic brain injury, you’ll receive a higher settlement than someone who suffers from whiplash. Ultimately, the extent and severity of your injuries will weigh heavily on your settlement amount.
If your injuries caused you to miss work or affected your ability to earn income in the future, you may be entitled to receive additional compensation for this economic damage. Could you keep track of your medical records, pay stubs, and other documentation that can help support your claim?
Will My Pain and Suffering Affect How Much My Claim Is Worth?
Economic damages such as medical expenses, lost wages, and other tangible losses are not the only factors considered when determining the value of a car accident claim. Economic damages are easily calculable as they represent your out-of-pocket losses. However, emotional damages like pain and suffering, mental anguish, loss of enjoyment of life, and other non-economic damages heavily weigh on your settlement amount. While assigning a monetary value to these intangible losses is challenging, it’s crucial not to overlook these damages as they’re essential to seeking the just compensation you deserve.
If you’ve been seriously injured in a car accident, please don’t hesitate to contact a determined Santa Clara County car accident attorney from the Law Offices of Brian J. O’Grady, who can help you fight for the rightful compensation you need to get your life back on track.