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(253) 272-5226“What is my case worth?”
You might be wondering this if you’ve been a victim of a car accident. After all, the medical bills are racking up and you might be out of work. Plus, you’ve been in considerable pain. The whole situation can feel entirely unfair – because it really is. Understandably, you’re curious to know if the compensation you could receive at the end of this ordeal will bring any measure of justice.
Here’s the tricky part: there is no quick way to let you know how much your case is worth. There are many potential variables involved. In fact, we’ve had cases were the accident and injuries were similar, but the outcomes differed by thousands of dollars.
In our post, we’ll shed light on 17 things that can impact your settlement. Please note, this is not a definitive list of everything that might influence your compensation. However, it’ll give you a rough idea of the complexity involved when valuing a personal injury case.
When a victim seeks compensation after a crash, typically they do so by filing a claim against the at-fault driver’s insurance company.
Problems can arise if 1) the driver isn’t insured or 2) the driver has an insurance policy limit that’s low.
On the other hand, suppose you were hit by someone with a very high insurance policy limit. Or – you were hit by a commercial truck driver who carries two policies. In this case, your potential settlement could be higher.
Even if you weren’t at fault, your own insurance could come into play. For instance, if you have Underinsured Motorists Coverage (UIM) on your policy. This could kick in if the person who hit you was uninsured. UIM could also help if you were injured by a hit-and-run driver.
Unfortunately, we’ve had clients who walked away with far less than they could’ve because they do not carry this optional coverage. Read our post on how UIM works for more information.
How serious were your injuries? Did you recover in a few days, or did you need months of physical therapy? Would doctor reports reveal that you required surgery or medication?
Simply put, the more serious your injuries, the higher the value of your case tends to be. And the more you can back up your claim (for instance, with doctor reports), the better.
Permanent injuries often increase the value of your case.
Examples could include loss of function, loss of limb, or disfigurement.
You should let your lawyer know if your injury will have a lasting, negative impact on your life in some way. For instance, suppose your wrist injury prevents you from continuing your work as an artist. This could negatively impact your enjoyment as life as well as your financial situation.
The duration and complexity of your medical treatment can have a profound impact on the value of your case.
Emergency room care, hospitalizations, and surgical procedures are some of the types of care that could increase your settlement.
Were you responsible in any way for what happened? Were you given a citation by a police officer at the scene?
The good news is that in the State of Washington, we have comparative fault. This means that you are still eligible to receive some compensation, even if you were partly at fault. However, any compensation will be reduced.
If you were out of work for an extended period because of the accident, this could increase the value of your claim.
What if you’re unable to ever return to work? This could increase it even more.
How about if you’re the sole financial provider of your family? This could increase it even more.
Taking an ambulance from the accident scene can be strong evidence that you were seriously hurt. It’s also one of those things that can raise the value of your case. Even more so if you ended up needing emergency surgery or overnight hospitalization.
The insurance company is going to want to make sure they are only compensating you for injuries related to this accident. And it’s not unusual for them to try to claim that any pain you’re experiencing now was due to pre-existing conditions.
For instance, if you had a history of chronic back pain, they might try to say the accident wasn’t the cause. Or that it only aggravated things.
In other words, having pre-existing injuries or poor health could decrease the value of your settlement.
Increasingly, insurance companies are turning to social media to disprove injury claims. What you say on social media matters. Even when you think it’s private.
Consider an accident victim who has an active injury claim. The insurance adjustor heads to their public Facebook profile and discovers that shortly after the accident, the victim went on an off-road ATV excursion for a weekend. This will certainly not bode well for the victim’s case!
Even less innocuous posts can harm your claim. For instance, posting after your accident to family and friends “not to worry, we’ll be OK” could be taken as an admission you aren’t hurt.
The best policy is to avoid posting anything on social media while you have an active claim. For more information on this topic, please see our post on social media and your personal injury settlement.
As much as we’d like to think that this process is fair and impartial, it isn’t always. The temperament and mood of the adjustor handling your claim can make a difference, either positive or negative.
Who hit you?
This seems like a simple enough question. But the answer has the potential to take your case in many different directions. Consider some of the defendants our clients have faced:
Pictures and video footage can be powerful pieces of evidence. They can prove liability. Demonstrate the severity of your injuries. Tell the story of how the crash happened.
Make sure to read our post on what pictures to take at the scene of an accident for more details.
Insurance adjustors are more likely to believe you’re hurt if the crash itself was serious. A totaled vehicle with deployed airbags tells a different story than a rear-end bumper needing $300 of repairs. And while it’s true that even a minor fender bender can cause injury, insurance companies are quicker to accept liability if your car is seriously wrecked.
Pain and suffering are subjective.
But they do matter to the value of your case. Be honest with your lawyer and their team on how you’re feeling. Think about how you might demonstrate the level of pain and suffering you’re facing after your accident. What evidence could you share?
Some examples:
Make sure to regularly check in with your lawyer about the level of pain you are experiencing.
Here’s a final differentiator you might not have considered: the quality of your attorney.
Are they experienced? Willing to fight hard? Well respected among their peers and courts? Ready to take on challenging, complex cases? Willing to take clients’ cases to court if negotiations fail? Or are they taking on more cases they can handle, and encouraging their clients to settle quickly?
Choosing an experienced, well-rated attorney can be the difference maker in the outcome of your case.
If you’d like to speak to an injury lawyer about your accident at no cost to you, please call us at (253) 272-5226 or fill out the short form on our contact page.