How Much Is My Car Accident Injury Claim Worth?

Each year, motor vehicle crashes cost this country hundreds of billions of dollars in property damage, medical expenses, and lost productivity. At the individual level, a single traffic fatality costs society over $1 million, and the costs for injury accidents are fairly high as well.

That doesn’t mean, however, that everyone involved in a car accident is going to get a seven-figure settlement. If you’re wondering how much your car accident injury claim is worth, the value will depend on a variety of factors.

Factors That Influence the Value of a Car Accident Claim

Something that often comes up in conversations with clients is the value of a case. The truth is that every case is different, so there is no perfect answer to this question. The factors that influence car accident values include:

1. The Severity of the Injuries
Simply put, a more severe injury is going to have a higher case value. Catastrophic and serious injuries are not only harder to diagnose and treat, but they also result in longer periods of rehabilitation and time away from work. In other words, a traumatic brain injury (TBI) is likely to have a much higher case value than a fractured wrist.

2. Who is Responsible?
Mississippi is not a “no-fault” state, meaning the party responsible for your accident should be held financially accountable. But, it’s not always a simple matter to identify who that should be and get them to pay a fair settlement.

In some cases, more than one party should be held accountable for your losses. An example would be the manufacturer of a defective part and a reckless driver. Getting those parties to pay is another matter as well. You will need to prove liability and substantiate your damages.

3. The Role You Played
Mississippi is a pure comparative fault state. This means that any compensation you are entitled to receive will be reduced if you are found to be partially responsible for the accident. You can even be accused of failing to mitigate your damages by not seeking proper medical care immediately after the accident.

Suppose another driver hits you in an intersection while you are stopped. But, it’s discovered that one of your brake lights was out, so you were assigned 10 percent of the fault. Assuming your total damages were $100,000, your recovery would be reduced by 10 percent for a total of $90,000.

Damages Are Primary Factors to Consider in a Settlement

Provided you can prove liability in your car accident case, the extent of your damages plays the largest role in the value of your case. There are several types of damages typical in this type of case:

Past and Future Medical Expenses

If you’ve been hurt due to another party’s negligence, you have the right to seek compensation for past and future medical care related to your injuries. Those medical expenses can include things like:

• Emergency treatment
• Doctor’s visits
• Surgery
• Hospital stays
• Prescription drugs
• Home healthcare
• Physical therapy
• Lost Income and,
• Diminished Earning Capacity

After a serious injury, it’s not uncommon that you may need to take some time away from work, either temporarily or permanently. This can create a significant financial burden on you and your family, and it’s one for which you deserve compensation.

You can claim lost income due to your injury, which is a straightforward calculation. You also have the right to pursue compensation for lost earning capacity, which is the reduction in the amount you can earn over your lifetime due to limitations from your injuries.

Pain and Suffering

Medical expenses and lost income are economic damages. You also have the right to pursue a claim for non-economic damages, which can be significant. These include financial compensation for things like pain and suffering, loss of enjoyment of life, and loss of consortium.

Punitive Damages

Punitive damages are meant to punish a responsible party and discourage similar actions by others. They can be substantial and are not available for most personal injury cases in Mississippi. The exception is if you can prove that the plaintiff acted with “gross negligence, malice, or willful, wanton or reckless disregard for the safety of others.”

How a Mississippi Car Accident Attorney Can Help

If you’ve been involved in a car accident in Mississippi that was caused by another party’s negligence, you have the right to collect damages. Even if an insurance company offers to settle your case, they probably aren’t treating you fairly.

At Mississippi Car Accident Attorney, our mission is to advocate for the rights of people who have been seriously injured in vehicle accidents. We will help you understand the process and advocate for your interests so that you can collect maximum compensation from the responsible parties. Contact our office today to schedule a free consultation.