Are You Entitled to Compensation for Your Car Accident?

After an auto accident, if you sustained injuries, vehicle damage, and were unable to return to work due to your injuries, you may be entitled to compensation. However, what damages you're eligible to pursue and what your settlement amount will be depends on many factors.

What Factors Determine Compensation After An Auto Accident?

Whether or not an accident victim is entitled to compensation after a car accident depends on many factors, including:

• The circumstances of the accident
• The extent of your injuries
• What percentage of fault you were assigned

Fault and Negligence After An Auto Accident

If the motor vehicle collision was caused by another driver's negligence or wrongful actions, you may be entitled to compensation. California follows the pure comparative negligence rule. Even if you were 99% responsible for the collision, you may still be entitled to compensation. However, the settlement or award you receive will be dedicated based on your percentage of fault.

What Types of Compensation Are Available After a Car Crash?

After a car crash, an accident victim may be entitled to the following types of damages:

Medical Expenses

If you suffered injuries in the automobile accident, you may be entitled to compensation for medical expenses, including hospital bills, surgeries, medications, and ongoing treatments.

Lost Wages

Compensation may include income lost due to the inability to work during recovery. This includes both past and future lost earnings. If you are unable to return to work at all, or you were forced to change careers due to your injuries, you may also be entitled to damages for loss of earning capacity.

Property Damage

Damages may include the cost of repairing or replacing your damaged vehicle and any personal property inside the vehicle, such as your cell phone, stereo, laptop, etc.

Pain and Suffering

Non-economic damages for physical and emotional pain, distress, and loss of enjoyment of life may be considered. These damages are difficult to quantify. Your attorney will often consult with experts, including your treating physicians and will also gather testimony from family and friends to prove these damages. They may also request that you keep a journal during your recovery process. This journal will be used as evidence to show how the accident has affected your life, including your level of pain, how often you experienced pain, and how your injuries have impacted your ability to carry out everyday activities, such as caring for yourself.

How Can the Severity of Injuries Impact the Car Settlement Amount?

The severity of your injuries can significantly impact the amount of compensation you are entitled to. Catastrophic injuries may lead to higher settlements since these types of injuries can require ongoing medical treatment and may prevent the accident victim from returning to work.

An attorney will consult with experts, such as:

• Life care planners
• Forensic accountants
• Occupational therapists
• Physical therapists
• Economists
• Your treating physicians

And other professionals, to determine the severity of your injuries, learn about your prognosis, and assess what damages you're entitled to. If you sustained a permanent injury, you may be entitled to compensation that will cover the cost of your medical treatment for the rest of your life.

How Insurance Coverage Can Impact a Car Accident Settlement

In many cases, after an auto accident, you will pursue compensation through the other driver's insurance provider. The other driver's liability coverage may cover your damages. However, the amount of compensation you can recover will depend on the policy's limit.

Can I Pursue Compensation Through My Own Insurance Company?

Depending on the circumstances and the insurance coverage you carry, your own insurance such as underinsured/uninsured motorist coverage may come into play.

How Can the Statute of Limitations Affect Compensation After An Automobile Accident?

There are legal time limits, known as statutes of limitations, within which you must file a personal injury claim. Missing these deadlines may bar you from seeking compensation.

Can Hiring a Lawyer Increase My Chances of Recovering a Higher Settlement?

Hiring a car accident lawyer can increase your chances of recovering the compensation you deserve. An attorney will have the skills, experience, and resources to thoroughly investigate the accident, accurately assess damages, work with experts to value your claim and identify all liable parties.

An attorney can help prove your demand for damages by:

Gathering and Analyzing Evidence

Your attorney will investigate your accident and gather evidence that can prove liability. Some evidence they may obtain includes:

• Photos of your injuries, vehicle damage, the accident scene
• Expert testimony
• Eyewitness testimony
• Video surveillance footage
• Phone records
• Accident report
• Pay stubs
• Medical records
• Medical bills

And more.

Communicate With the Insurance Company

To protect your claim and to prevent the insurance company from harassing you or pressuring you into accepting a low settlement, your attorney will handle all communication with the insurance company. They will use the evidence they have gathered to fight for the fair compensation you deserve for your medical bills, lost wages, and more.

Contact Us Today

If you or a loved one has been injured in an accident caused by negligence, contact MVP Accident Attorneys today to schedule a free consultation. Our experienced car accident lawyers are ready to listen to your story, assess your case, and provide expert legal guidance tailored to your unique situation. We understand the challenges you face after an accident, and we are committed to fighting for the compensation you need to recover and move forward with your life. Contact us today to learn more about how we can help you seek justice and the compensation you deserve.