After being injured in a car accident, you may wonder how much you stand to recover. It is a fair question, but one that unfortunately does not have a straightforward answer because every case is different. There are many factors that determine how much you can recover from a car accident case. Here are just a few of them.
1. Sudden Emergencies/Unavoidable Accidents
Sometimes a collision occurs not because of anything that either driver does but because of a sudden, unpredictable event. For example, perhaps the other driver crashed into you because of a medical emergency that caused him or her to lose control of the wheel. Or perhaps a deer wandered onto the road and the other driver had to swerve to avoid it. It may be more difficult to recover damages from an unavoidable accident or a sudden emergency.
2. Fault for the Accident
If the accident is entirely the other driver’s fault, then you can likely recover a significant amount for the accident. However, it is rare that one driver is entirely at fault for the accident. If you bear some of the responsibility, it can affect how much you recover. However, the exact effect that it has depends on the laws of the state where the accident occurred. Most states recognize some form of comparative fault, which means that if you are injured in an accident that is at least partly the fault of the other driver, you can recover damages. Some states observe a rule of modified comparative fault, meaning that the percentage of responsibility you bear for the accident must be less than 50%.
3. Medical Treatment
Sometimes you cannot recover compensation for your injuries if you did not receive the proper medical treatment in a timely fashion. Therefore, it is advisable to see a doctor for an evaluation as soon as possible after a car accident, even if you initially believe that you are not seriously hurt.
4. Source of Recovery
Even if you deserve millions of dollars, you can only receive the compensation that is available. This may take the form of assets that are collectable from the responsible party or the liability coverage on the other driver’s insurance policy. If the other driver’s liability policy is insufficient to cover all your damages, you may be able to recover from your own insurance company if you have an underinsured motorist policy.
Determining what your car accident case is worth can be a difficult and confusing process. Get in touch with a car accident lawyer, like the offices of MartinWren, P.C., to learn about all the different factors.