Once an accident is over, you just want to pick up the pieces and move on. A big part of that process is getting the money you'll need from the persons responsible for your injuries. With that in mind, many people who call us at the firm jump right in with a big question: "What's my case really worth?"
It's important to note now that there's no special formula out there to determine what kind of money you should receive. While some states have what is known as a "schedule of injuries," which is literally a list that says, "A broken finger is worth X and a laceration on the head is worth Y," most states don't have such a system. States like Texas instead have laws that allow you to sue for variety of losses, but the law puts the ball in your court and requires you to prove what those losses are worth. If you and your attorneys can convince the other driver's insurance carrier that your injuries are worth some fair amount, then they may be willing to settle with you. However, they always have the right to fight back against you, which is why cases sometimes have to go before a jury to have their value determined.
Nevertheless, when you've won thousands of cases as we have, we can usually get you in the right ballpark regarding the value of your case.
The Point of Compensation
We think it's a good idea to help you get your mind around why we file lawsuits in the first place. It's not to be vindictive, not to get "rich," or anything like that. It's to make you WHOLE. You've had many things taken away from you because of this accident, and it's not fair for you to suffer that way. Courts have been forcing defendants to compensate accident victims for literally hundreds of years not out of charity, but because it's the just thing to do.
What You Can Be Compensated For
Courts only award money for what you can prove you actually lost. That's your lawyer's job, of course, but there are a few broad categories of "damages" for which a jury might find you entitled.
- Lost wages: If you had to miss work or will miss it in the future, the defendant should be required to cover the difference between what you would have made and what you didn't.
- Medical bills: The money you had to spend---or will spend in the future---on your health that is directly attributable to the accident should be taxed against the defendant.
- Property damage: Whatever was lost or damaged in the accident should likewise be charged to the negligent driver who hurt you. That could be car repair bills, a new car if your old one was totaled, or anything in the car that was lost. We've even recovered money for a scooter that was destroyed in the accident.
- Pain and suffering: The defendant can be made to pay for the emotional and mental anguish you've gone through.
What Can Limit Your Recovery?
Let's say that between lost wages, emotional pain, and the money it took to get you a new car and your hospital bills paid, you lost $100,000 in the accident. Here are just three things that could cap your recovery at a much-lower number:
- The insurance. If the driver who hit you only had $30,000 in auto insurance, you may only be able to likely recover---at most---the $30,000 from his insurance policy. Further, if you don't have "uninsured motorist insurance" or "personal injury protection" on your own insurance, then you might be short $70,000.
- A failure to "prove up" your damages. If your attorney doesn't file the correct paperwork with the court, you might receive nothing. Your claim requires certain procedural hurdles to be met. Some lawyers don't know or just forget about these critical steps.
- You signed a release. We've had to turn away many potential clients because they signed a "release" with the insurance company before talking with us. Never sign anything from an insurance company until you've spoken with us.
The Importance of Hiring a Competent Car Accident Lawyer
We'd love to provide you with an online calculator that spells out exactly what your case is worth, but practicing law is an art form, not a mathematical endeavor. You need an attorney to help prove to a court exactly what you've lost. If you've been hurt, you need an attorney with a proven track record. At Grossman Law Offices, we've been doing this for 25 years and have the experience you need. Contact us today before you do anything else. We're here to help, and our attorneys are available to talk to you 24/7.