Fairfax, Virginia Car Accident Lawyer Explains Case Valuation and Damage Calculation
If you or someone in your family has been in an auto accident, you might be wondering how much compensation you can expect to get from the liable party's insurance? The answer is not always straight forward. Car accident settlement compensation value depends on two things: the strength of your liability claim and the extent of your damages. VA auto accident attorney Michael N. Driscoll has over 20 years of experience helping victims of car accidents get the compensation they need and deserve to get back on their feet and recover their losses. Contact him for help in your car accident case.
Strength of Liability
In order to recover money damages, for damaged property and bodily harm, you need to prove that there was liability, and to do this, you must show that the other driver exhibited "negligence." Some examples are:
- following too closely
- driving too fast for the circumstances (weather, visibility)
- making an unsafe turn
- disobeying traffic signals or signs, and
- talking on the phone/texting while driving
- not seeing a car that should have been seen
Extent of your Damages
Assuming that liability does exist, how much are you entitled to recover as compensation for your injuries? The most common tactic used to determine accident settlement value in car accident cases is called "Multiple of specials." This tactic determines accident settlement value by adding certain elements of damage together:
- Medical bills
- Lost income
- Pain and suffering damages
The insurance company will probably try to challenge the amount of medical bills and lost income that you claim. They often do this by alleging that some of your medical bills were for unnecessary treatment or that the charges are unreasonably high, or they may assert that your claim for lost income is excessive or not supported by the medical records. Usually, these defense claims are unsupported. If you got the treatment recommended by your health care providers and missed only the work that your doctors said you needed to miss, with the help of a top Virginia attorney, you should be able to recover all of your losses.
Insurance companies do all they can to try and get out of paying for your medical bills, ongoing treatment, and damaged property. Don't let them get away with it.
