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When seeking compensation for damages due to a negligent driver, there are critical factors that influence your car crash claim value.
Below, PKSD discusses the top factors that can have a positive or negative impact on the value of your car crash claim.
Need a car crash attorney? Our legal team is here to help, and you can contact our law offices 24/7 to discuss your situation. There is no cost or risk for an initial consultation with a knowledgeable Milwaukee auto accident attorney at our firm.
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There are multiple factors in every case that can affect the value of a car crash claim. Anything that impacts your claim’s value will also affect the amount of compensation you receive. Some of the factors that have the most impact include:
One of the top factors that could impact the value of your car crash claim has to do with the type and severity of your injuries. Some victims may sustain injuries that heal relatively quickly. These individuals may return to their former lives without the need for additional treatments. Since less treatment or time off from work is required in this type of situation, the claim would be of lesser value.
Victims with catastrophic or life-altering injuries, however, would have a much higher-valued claim. This is because the costs associated with treating a victim with injuries this severe are far greater than for someone with a neck sprain and strain.
In addition to the type and severity of injuries sustained, your claim’s value will also be determined by the costs and other damages incurred.
For instance, victims with a neck sprain and strain may need much less medical treatment. For instance, they may get some physical therapy and require a few weeks off to recover at home. Victims with severe or permanent injuries, however, would need significant treatment, long-term care and other assistance.
For example, someone with a catastrophic spinal cord injury might need:
Damages for victims with catastrophic injuries are costly. These losses are easily calculated using invoices, employer pay stubs and other tangible evidence. Since the costs are more, the value of a claim is also greater, as is the amount of compensation to the victim.
Additional pain and suffering damages may also apply. However, placing a value on non-economic damages is harder, because there is no tangible evidence.
Non-economic damages may include things such as:
An experienced attorney knows how to accurately put an accurate calculate on these damages. This expertise may help to ensure victims recover full and fair compensation.
In order to be eligible to recover damages, there must be evidence of negligence. Your attorney would need to establish the at-fault party owed you a duty of care, violated that duty and caused the crash. Your attorney would also need to prove that but for the accident, you would not have suffered injuries or sustained damages, such as medical costs and lost wages.
If negligence cannot be established, then there is no case and you would not qualify to file a lawsuit for your damages.
In some crashes, victims may be assessed with some fault for what happened. Often, the insurance company will look for ways to shift blame onto the victim. Less liability for their insured means a smaller payout to you.
The benefit of having legal help means you have someone who will fight to ensure you are not unfairly assessed with liability.
Many drivers choose only to get the minimum insurance coverage required by the state they live in. For residents in Wisconsin, this means:
If a crash occurs, the minimum insurance coverage will help, but it will not go far. If the liable party only carries minimum insurance coverage, it could impact how much of your damages will be covered. The at-fault party’s insurance company is not obligated to pay you more than the coverage purchased by their policyholder.
While pursuing a claim against the liable party, injured victims often make mistakes that damage their claims. These errors are more likely to occur when injured victims try to recover damages without the help of an attorney. Since most policyholders do not know all their rights, the insurance company may significantly underpay the victim. When this happens, the accident victim gets stuck with paying for damages.
Some of the most common mistakes car crash victims make include:
Our car crash attorneys at PKSD work hard to recover the maximum possible compensation for our clients. Insurance companies do not do this, however. Their goals are different because they need to protect their bottom line.
We have the same goal as you do, which is why we work hard to protect the value of your car crash claim. If we are not successful, we do not get paid. In addition to having the same goals, our legal team at PKSD is also highly trained and has extensive knowledge of the legal system. We handle injury cases every day and have a strong history of success.
Even if you are unsure whether you have a case, we encourage you to seek legal help after a crash. Since your initial consultation is free, there is zero risk to you. If our firm represents you, there is also nothing for you to pay up front.
Millions recovered for our clients. 414-333-3333
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin, Illinois, Iowa and New Mexico.
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