Unfortunately for consumers and insurance actuaries, there is no silver bullet to value a car accident. When it comes to quantifying the reasonable value of insurance claims it’s often a guess. The jury gets left to this same dilemma. Fortunately for both sides, there are some things to ponder. And these things will affect the value of the case and its particular “range.” Car accident claims can vary in many ways.
There are usually variations in the extent of vehicle damage, personal injury, and suffering. Most of all, the level of quality of legal advice all affect the potential value of compensation. While these may vary, there are several consistent factors to consider. Ehline Law fights to achieve full value in all cases. And if you read this piece and want to hire us, call (213) 596-9642.
What is Liability and the Claim’s Value?
Negligence in the operation of a motor vehicle occurs due to several factors. First of all, people have a duty to behave reasonably. So there is a social responsibility to act in a reasonable manner. And whether this has occurred along with any breaches of this duty get included in the formula. Most important for liability to attach is that the violation caused injury. And these must be damages that can become quantified.
When these points get considered, courts can determine if the driver was negligent. But what if the driver acted in good faith, and there were factors beyond his or her control? Acts of God, evasive action, poor weather, or poor manufacturing can intervene. So then, there may not be a case against another driver.
But if the other driver had been acting recklessly, then a case could surely follow. Here, there are factors to become weighed. Depending on your state laws, the situation could change. For example, there are twelve no fault states.
Since California is not, then we can review pertinent case law here. To determine negligence, courts determine if another person, even plaintiff, had a role. So those causing the accident must pay for their share no matter who the party is.
How Do You Determine the True Cost of Accidents?
In the aftermath of such a crash, the court has to determine how much damage got done to the suffering party. So this could include the cost of repairs to the auto. Also, it encompasses cost of lost wages, long-term care, and personal injury and pain.
These can become broken down as easily quantifiable losses. So these are economic and noneconomic losses. So they can also include more intangible long-term issues or non-economic damages.
The economic costs are somewhat easier to determine. These can include the bills piling up in reaction to the accident. Non-economic damages can include pain and suffering, and embarrassment from disfigurement. Add, anxiety, grief over the loss of a loved one, and other factors. But remember that proving some damages requires more assistance.
Experts are often used to determine the exact value of a person’s emotions. And this is where the help of skilled attorneys can make a significant difference.
Can You Recover Beyond the Insurance Company Amounts?
The insurance policy of the other driver can only get stretched so far. There are usually caps. Sometimes these won’t allow a plaintiff to recover the full amount they justly deserve. There are many policyholders with additional insurance. But there are thousands on the road without any insurance at all.
This is illegal in the state of California and causes many issues on and off the road. If the other driver does not have insurance, the injured person files an insurance claim. Hopefully, the injured party will have uninsured motorist protection. Similarly, underinsured motorist protection also can kick in sometimes. And this is if the offending party does not have enough coverage.
How Do Determination and Protection come with the Right Attorney?
Determining the amount of money that a case could bring is not just an issue of having any attorney. A lawyer specialized in the field of motor vehicle law is what you need. So this will be a personal injury lawyer. They will know the intricacies of case law and precedent.
And to determine how to proceed with a claim properly. Having experience in determining liability and the amount to ask for is key. These keys to recovery are both factors that can make or break your case.
When you have a staunch supporter, they can prove in court what your pain and suffering are worth. Also, they can show a jury what it has done. Because someone relatively told your side, you will be well protected. For information about the best personal injury lawyers in Southern California, contact Ehline Law.
Our specialists have handled thousands of similar cases. Also, we have had many victories. And we have helped make many clients whole.