Car Accident Lawyer
Car accident cases can be complex, and, as a car accident lawyer will share when it comes to determining their value, legal professionals employ many factors. Car accident victims and their families will want to clearly understand the elements that contribute to determining the value of cases of this nature. As the team from Schehr Law, PLLC wants victims to know, the nature and extent of the physical injuries sustained by the victim significantly influence the valuation.
Reviewing Medical Expenses
One fundamental way that a lawyer will determine the value of a car accident claim will be by reviewing the present and future medical expenses incurred by the victim. Often, this is the foundation of determining the case’s value. Common medical expenses experienced by victims may include the cost of hospitalization, surgery, medication, physical therapy, rehabilitation, and any other medical services required for the victim’s recovery.
Reviewing Lost Income
Another aspect of damages that a lawyer will consider is the review of the victims earning potential. After an accident, victims may miss time from work and, as a result, may experience financial challenges. A lawyer will review current and future lost wages resulting from the injuries to determine the appropriate losses for the legal claim. Calculating lost income involves both past and future losses, considering the victim’s salary at the time of the accident, their potential career progression, and the impact of their injuries on their capacity to continue working.
Non-economic damages are often intangible and difficult to quantify; however, they are crucial in valuing car accident cases. These are often termed “pain and suffering” and relate to the emotional trauma, distress, inconvenience, and loss of enjoyment of life suffered by the victim due to the accident. The valuation of non-economic damages can be subjective and varies from case to case, which is where the expertise of a seasoned lawyer can be critical.
The presence of any permanent disability or disfigurement resulting from the accident further escalates the case’s value. These conditions significantly alter the victim’s quality of life and often necessitate ongoing medical care and personal assistance, thereby increasing the economic and non-economic damages.
Potential punitive damages can be factored in when the defendant’s conduct was grossly negligent or intentional. While not applicable in every case, these damages are designed to punish the wrongdoer and deter similar behavior in the future.
The Degree of Fault
Legal professionals also evaluate the degree of fault or negligence involved in the accident. A case wherein the other party is entirely at fault typically commands a higher compensation than a scenario where the victim shares some blame.
It’s important to note that every car accident case is unique, and the valuation will always be a function of the specific circumstances and the documentation supporting the victim’s claim. For this reason, the engagement of an experienced lawyer is invaluable in gathering and presenting evidence, negotiating with insurance companies, and advocating for the victim’s rights in court, if necessary.