What your car accident is worth depends on a number of factors, some of which you have no control over. If you have damage, can prove the other driver is liable, and hire an experienced lawyer, your chances of winning your car accident claim are good. Remember, statistically, 95 percent of personal injuries are settled out of court and 57 percent of car accidents brought to court are decided in favor of the plaintiff.
There are a few factors that work in your favor in the event of a car accident lawsuit:
In general, insurance companies would prefer to settle your auto accident claim in court, as a settlement means more control over the bottom line than having a jury decide on the award.
In a car accident lawsuit, you don’t have as much burden of proof for liability or damage as in a lawsuit for medical misconduct or a slip and fall lawsuit. You don’t have to prove that the mistake driver owed you a duty of care because just sitting behind the wheel means the driver was responsible for complying with road safety laws. It’s also easier to prove that your injuries were caused by a car accident than to demonstrate that a doctor’s mistake was the direct and only cause of a negative health outcome.
Factors that could prevent you from getting billed include:
Not enough evidence that the other driver was responsible for the accident. This evidence can come from witness statements about the collision, photos of the scene of the accident, police reports and statements from specialists in accident reconstruction. A lawyer is invaluable in proving the fault of the accident. If you are unlikely to have the foundation for a successful case due to insufficient evidence of liability, an attorney will let you know when they review your claim.
Not enough damages to warrant compensation. Here, too, you have to prove the damage you have claimed based on your medical records, the documentation of the loss of income and the statements of experts – in this case medical experts (doctors). You may face additional hurdles once you have selected the verbal threshold option in your auto insurance policy to limit your litigation selection restriction. With this option, you must demonstrate that your injury meets certain criteria in order to be able to sue for pain and suffering.
You don’t have an experienced car accident attorney by your side. There is no law that says you must be represented by a lawyer in a car accident. However, if you choose not to hire a lawyer, it can sabotage your chances of getting the full compensation you deserve. Unrepresented applicants are more likely to walk away with denials than compensation, and if they can reach an agreement, it is likely to be less than what they really deserve.
How much is your claim actually worth?
For most car accident victims, the question is not whether they will gain a settlement, but how much they will receive. How much is your case worth?
Unfortunately, there isn’t a simple billing calculator that you can type a few numbers into and find a dollar amount. How much your car accident case ver.
You cannot control the insurance limits of the other driver’s car insurance coverage, although you may be able to demand more money from your own underinsured car insurance coverage if you bought this option.
You have little control over the damage you suffer – the injuries, the resulting medical bills, how long you’ve been unemployed, and how much your injuries affect your life. However, you can maximize your damage by working with an attorney who knows what to look out for in a car accident and will make sure that none of your losses are undone.
You have no control over where the crash occurred. In the legal world, we speak of a concept called market value, which is based on differences in the behavior of juries and judges between jurisdictions. If your collision took place in a jurisdiction where juries are known to give high payouts to plaintiffs, your case may be worth more than a jurisdiction where jury awards are more conservative.
How do you find out how much your individual case is worth? You take it to a skilled New Jersey auto accident attorney. The only way to reliably determine how much compensation you deserve is to have a professional who knows the legal process inside and out, review all the details of your situation.
One thing is certain, if you have the right attorney by your side, you will get as much money as possible for your claim. Studies have shown that lawyers get their clients, on average, more than 3.5 times as much as unrepresented applicants get for themselves. This comes from the study Paying for Auto Injuries: An Insurance Research Council Consumer Survey of Victims of Car Accidents.
What if you don’t win the insurance company’s lawsuit?
While the odds of a successful lawsuit are likely in your favor, you may not be particularly lucky especially after a serious automobile accident. You may be wondering what if you pursue a case and lose, what are you risking?
Regardless of the outcome of your case, it may still cover your medical bills depending on your individual auto policy. If your medical bills are more than your maximum coverage, your health insurance company will have to pay the amount that exceeds your coverage. If you do not have health insurance, you are personally responsible for your outstanding medical expenses.
If you don’t win the case, the other driver’s insurance (or your own uninsured / underinsured insurance company) will not give you any money for your medical expenses, lost wages, pain and suffering or other damage. While you didn’t get the compensation you were hoping for, you haven’t lost any money either.
Most auto accident attorneys handle claims with no profit and no fees. Sometimes referred to as an emergency arrangement, it means that your payment for legal representation is based on the results. Your attorney will receive a percentage of the billing they receive for you – and if the claim is unsuccessful, you won’t pay anything for the legal fees. You also add to all the costs of pursuing your claim, from court fees to the cost of hiring experts. You usually only pay them back when they get money back for you.
In principle, the pursuit of a claim is often risk-free. You have nothing to lose talking to a car accident attorney to see if you can file a claim and you have a lot to gain if your case is successful.