Car Accident Claim Guide
According to the National Highway Traffic Safety Administration, in 2020, a total of 35,766 fatal car accidents occurred in the United States. Another 1,593,390 crashes resulted in injuries, and 3,621,681 caused property damage. The Insurance Information Institute reports the average claim for bodily injury after a collision was $20,235 in 2020, while the average property damage claim was $4,711. Remember, the average car accident settlement does not help predict the compensation for your car. Your compensation would depend on the injuries you suffered and the typical compensation for those injuries.
Recoverable damages after a car accident
After a car accident, the victim has the legal right to seek compensation for the injuries and for the damages caused due to someone else’s negligence. The amount of money the victim can potentially receive by filing a car accident claim depends on various factors. Some of these factors include:
Who caused the car accident?
The person/party that caused the accident will bear the liability, and the person likely carries an insurance policy to provide protection in the event of an accident. Each driver carries at least the minimum auto insurance, which varies by state. For example, in Connecticut, a minimum of $25,000 per person and $50,000 per accident for bodily injury liability and $25,000 per accident for property damage liability is required by law.
If you have an accident with a driver from New York or Massachusetts, you may recover a different amount than if you have an accident with a driver from Connecticut. The settlement amount will also depend on other factors such as whether the driver was intoxicated or distracted at the time of the accident or whether a mechanical failure contributed to the accident.
Nature and severity of injuries
No two injuries are the same. Obviously, if the injuries are severe, the case would be more valuable. For example, if someone suffers a traumatic brain injury or a spinal cord injury, they will have higher medical bills, and they need to seek more compensation than if they only suffered a whiplash. Some costs that can be recovered include:
- Emergency medical care, including ambulance transport
- Hospitalization, including procedures and surgeries
- Follow-up treatment
- Occupational therapy
- Physical therapy
- Drugs and medical equipment
Generally speaking, you can seek higher compensation if your injuries are visible, they are serious in nature, require invasive treatment, take longer to heal or do not heal completely, or cause lasting pain or disability. Compensation also depends on the way the injuries affect your life. For example, if the injuries have affected your ability to work or interfered with your everyday life, you may be able to claim higher compensation. Similarly, injuries that cause mental anguish or emotional trauma, such as the ones that cause disfigurement or disability, get higher compensation.
Missed time at work
Recovering from car accident injuries can take time. You may need to stop working to recover from injuries. Missed time at work can leave you in financial turmoil because many employers do not offer paid leave or sick time. You can claim lost time at work in your car accident claim. Make sure to include not just the time missed immediately after the accident but also the time missed for follow-up appointments such as physical therapy appointments.
If the accident has caused any permanent disabilities that might prevent you from returning to your job or prevent you from working at all, your lost earning potential may be included in your car accident claim.
These are just some of the factors that can determine the value of a car accident claim. It is best to seek legal help from an experienced car accident lawyer who can ensure that you recover every dollar you deserve.
If you’ve been involved in a car accident, filing a car accident claim is crucial to seek compensation for damages. Our experienced team is here to guide you through the car accident claim process, ensuring your rights are protected and you receive the compensation you deserve.