After a car accident, the injured victims can often seek compensatory damages to recover from their losses. The value of a car accident settlement someone receives can directly affect their overall recovery after the incident.
In car accident claims in Missouri, there is no limit under the law on the compensatory damages you can sue for a car accident. However, various factors, including contribution to the accident and insurance policy limits, may limit your settlement value.
A trusted PI attorney in Kansas City, MO, can provide legal advice on pursuing your claim and maximizing the outcome.
Can An At-Fault Driver Sue?
Missouri applies pure comparative negligence rules, which allows someone to claim damages for even when they are partially at fault. However, an individual’s contribution to the accident reduces their expected settlement value.
The other party may attempt to shift blame to reduce their burden in accident-related losses. Alternatively, the at-fault party may sue you to obtain compensation for the losses associated with your actions if they allege you contributed to the accident.
If the other party is 80% at fault for the accident, they may be entitled to 20% of injury-related losses. As such, they may initiate a lawsuit to recover damages for their losses. The at-fault party may also litigate the matter before a jury or a judge to obtain a fair hearing.
What Determines How Much I Can Sue For?
A personal injury lawsuit aims to obtain compensation for all losses associated with the accident. Here are some factors that determine the potential value of your lawsuit:
Severity of Your Injuries
A car accident victim with severe injuries is more likely to seek a higher settlement than someone with minor injuries. A higher lawsuit value covers greater medical expenses, among other ongoing losses associated with severe injuries. A car accident attorney can demonstrate the severity of an injury by presenting medical records and treatment plans, among other evidence.
Availability of Evidence
The strength of your lawsuit relies on the availability of strong evidence. Your car accident lawyer can often seek a higher settlement if you can better demonstrate the extent of your losses and negligent conduct of the defendant.
Here is some evidence that might support the value of your lawsuit:
- Medical records
- Eye witness statements
- Traffic camera footage
- Video surveillance footage
- Photographs of the crash scene
- Expert opinion from accident reconstruction experts
If there’s clear evidence that the other party acted negligently or recklessly, the value of your personal injury lawsuit might be higher. If their conduct was criminal or intentional, such as road rage or street racing, you might seek more compensation.
Impact of the Injury
An injury from a car accident impacts the life of an injured victim in many different ways. Suppose the victim of a car accident suffered a broken leg, which never fully heals and allows them to walk properly again. In that case, their ability to work may become limited, leading to loss of income.
The value of the car accident lawsuit will likely be higher to cover losses associated with permanent disability. Your attorney may demand a higher settlement to cover expenses related to the structural adjustment of your home or vehicle for disabilities, wheelchairs, and other accommodations.
Length of Recovery
If an injured victim requires an ongoing treatment plan for months or years, the value of their car accident lawsuit is likely to be higher. The additional value covers all their future treatment, including medication, transportation expenses to and from medical appointments, ongoing therapy and appointments, and disruption of their work.
In other instances, the injured victim may never recover from their injuries, necessitating a higher settlement value for lasting impairments, chronic pain, and other issues.
How a Case Value Is Calculated
The value of a car accident claim is the total of your damages. Insurers and personal injury attorneys use different valuation methods depending on the applicable damages.
Economic Damages
Economic damages have an inherent dollar value, making it easier to calculate the value. Your lawyer can determine the value of economic damages by adding together different losses like medical expenses, lost income, and out-of-pocket costs.
Non-Economic Damages
Non-economic damages represent intangible losses incurred by the injured victim. An insurer estimates the value of non-economic damages using various tactics, including the multiplier method and per diem method. Your lawyer will ensure that insurance companies do not shortchange your non-economic losses.
How To Maximize The Value Of A Car Accident Case
Your actions after a car crash can influence the value of your claim. Here are a few tips to maximize how much you can sue for in your car accident case:
- Seek immediate medical care to start treatment and document your injuries
- Report the crash to the police to help with the investigation
- Gather accident-related information whenever possible
- Discuss your car accident claim with an auto accident attorney
- Do not say anything that may imply accepting blame for the accident
- Do not accept a settlement offer without speaking to an attorney
How Can A Car Accident Attorney Help With My Claim?
Here’s how an attorney can help with your claim:
- Investigate the Crash: An attorney will evaluate the details of the crash scene and speak with bystanders to get an accurate account of the incident. They will also compile evidence crucial in obtaining compensation for your losses.
- Proving Your Injuries: An attorney will examine medical records, police accident reports, and video footage to demonstrate the injury and its impact on your life.
- Negotiate With Insurers: Insurers try to exploit injured claimants by making quick but low settlement offers. An attorney will represent you during negotiations by evaluating the offers and fighting for a value that covers your losses.
Get in Touch With an Experienced Kansas City Car Accident Attorney to Maximize Your Settlement Claim
After an injury in a car accident, you may incur various losses, including medical expenses, pain and suffering, and loss of income. You should have representation from an experienced attorney who will protect your right to compensation.
Devkota Law Firm has decades of experience representing injured victims, so please contact us online or at (816) 207-4255 for a free consultation today.
