How is Compensation Determined in a Car Accident Case?
Because driving and insurance laws vary widely throughout the United States, the best you can do is to develop a ballpark estimate on determining car accident compensation. Still, with the right data and a discerning mind, a pretty accurate estimate can be made. Whenever someone is involved in an auto accident, there is the possibility of a lawsuit. Whether you decide to sue, the other motorist files a claim, or you file cross petitions against one another, there might ultimately be an award of compensation determined. Here is how to weigh all of the factors.
Considering Proof of Fault and Non-Negligence
In a car accident, generally the person with the lowest degree of liability is determined to be not at fault. In short, lawyers, judges, and juries all pool over the evidence to decide what the cause of the auto accident was, and which motorist holds the highest degree of responsibility. In a case where a driver fails to stop at a stop sign and then plows into the side of another motorist’s vehicle, it is easy to decide which one is at fault. However, in an accident where two drivers were speeding and operating their vehicles unsafely, fault might be split down the middle. You will need proof in the form of tangible evidence in order to prove that you were not the cause of the accident.
The Degree of Damage to Your Vehicle and Person
Another factor used to determine total compensation after an auto accident claim is measured by your expenses and injuries. When a serious car accident occurs, it is safe to assume that there will also be measurable damage to the vehicles involved. One vehicle might get the worst of the damage, but ultimately the other cars involved will also have serious visible damage as well. In addition, injury to yourself and or your passengers is another vital component used to determine compensation. If your injuries caused you to be hospitalized for a spell, miss work, or cause you pain and discomfort, you can be compensated for these types of damages.
The Competence of Your Counsel
Regardless of your proof of non-negligence, car repair bills, and hospital fees, you have the great chance of maximizing your compensation amount by retaining a highly regarded attorney. First and foremost, you want a car accident lawyer who handles this specific type of claim regularly. You also need an attorney who you feel comfortable and confident communicating with. See how easily and quickly you are able to schedule an in-person meeting. Consider how long it takes for your attorney or their paralegal to return your calls. You don’t have to retain an attorney the same day that you decide to file a claim, but you should do it quickly.
The amount of compensation you receive after being involved in an auto accident just depends on the circumstances. Your attorney might estimate that you should receive a larger award than you end up with, or you could be completely shocked by how much more you get than you expected. Choose a good lawyer and the rest of the process will be easily determined.