Determining value of a car accident claim

| Oct 30, 2020 | Car Accidents |

Motorists in Texas who become involved in an accident may find it difficult to attach a dollar amount to their insurance claims. This complexity stems from the fact that a variety of factors will affect the value of the accident claim.

It is common practice for the at-fault driver’s insurance provider to assess both loss of property and personal injury claims a bit lower than they are worth. This fact makes it important for the other driver and his or her legal counsel to stand their ground when they think they have determined an amount that represents fair compensation for the damage incurred.

It is the norm for both sides of a car accident to decide on a settlement long before the possibility of a trial exists. But there are times when the at-fault driver’s insurance company and the attorney for the injured party cannot reach an agreement. When this happens, a court will need to determine the amount paid on a claim.

When a court is needed

A lawyer will provide clients with a general estimate of what they can expect from a car accident claim in court. However, the jury can determine a payment that is more or less than the evaluation of the attorney.

When estimating the economic impact of an accident, juries commonly consider:

  • The cost of medical treatment
  • Costs associated with injury rehabilitation
  • Lost wages
  • Home modification expenses
  • The cost of domestic services

The jury may also add to the final value of a settlement to address noneconomic losses due to a car accident. These noneconomic factors often include physical suffering, emotional distress, scars and disfigurement, and a reduction in the quality of life for the affected person. These non-economic elements are highly subjective, and it is difficult to anticipate a number a jury may attach to these losses.

Injuries suffered in a car accident can greatly affect the life of the injured person. When these injuries occur, proper compensation is needed to support the injured person during his or her recovery. Individuals who have sustained injuries in auto accidents may increase their chances of obtaining the compensation they need by consulting with a personal injury attorney.