When things finally settle down after you have been involved in an auto accident, you eventually start to wonder how much money your auto accident case is worth. Of course, everyone that you know probably has an opinion and a story to go along with it. It seems as though there is always someone that we know that received a huge settlement for an auto accident case. It’s very tempting to start comparing your auto accident to your aunt’s in Miami – the one who received that huge award. In reality, the value of an auto accident case depends on a number of factors and may vary greatly from state to state or even from city to city, says auto accident attorney Emery Ledger of Ledger & Associates in California. There truly is no secret formula that will work in all cases, however there are a few important factors that play a part in determining the value of your auto accident case.
Before discussing the factors that help determine the value of an auto accident case, a word about negligence. Your case is not worth anything if you cannot prove that the other driver was either totally negligent, or more negligent than you were. Most states use some form of comparative negligence laws. Under comparative negligence, more than one party can share the blame (or negligence) for an auto accident. In those states, if your own negligence was more than the other driver’s then you will not collect anything. A few states still use contributory negligence. In these states, if you contributed at all to the accident, then you will not be able to collect anything. If you are not sure which theory of negligence your state uses, consult with an auto accident attorney in your area. So, let’s assume that negligence has been established.
At that point, probably the single most important factor in valuing any auto accident case is the type and extent of the physical injuries that you suffered. Medical bills – with few exceptions – are always paid by the negligent party in an auto accident case. If you suffered catastrophic injuries, then your medical bills will obviously be high. You may also have more lost wages and higher anticipated future medical bills. In a catastrophic accident, your special, or economic damages, are generally much higher than in a less serious accident, making the value of your auto accident case higher.
Aside from your economic damages, the other important factor in determining what your auto accident case is worth are what are called “non-economic damages”. These are what most people refer to as “pain and suffering”. While things like medical bills can be quantified, pain and suffering cannot. This makes non-economic damages highly subjective. Your auto accident attorney must consider what a jury would likely award you if your case were presented to them in a court trial. The value of pain and suffering can vary greatly from one jurisdiction to another, says auto accident Attorney Emery Ledger of Ledger & Associates. In many states, like California, juries are essentially free to award whatever dollar amount they feel is reasonable for your pain and suffering. The best way to attempt to place a value on pain and suffering in your individual case is to consult with an auto accident attorney.
Only an experienced auto accident attorney in your area can give you a realistic opinion on what your auto accident case is worth after factoring in both the economic and non-economic damages. If you have been involved in an auto accident and would like an auto accident attorney to evaluate your case, contact auto accident attorney Emery Ledger of Ledger & Associates at 1-800-300-0001 or online at www.ledgerlaw.com