One of the first questions many people ask after a serious car accident is:
“How much is my case worth?”
Unfortunately, there is no universal dollar amount for a New Jersey personal injury claim.
Two people can be involved in similar accidents and have dramatically different claims because their injuries, treatment, insurance coverage, employment situations, and long-term consequences are different.
Here are some of the factors that may affect the value of a car accident claim.
The Severity of the Injury
The nature and severity of an injury are often important factors.
A claim involving a temporary soft-tissue injury is different from one involving a fracture, torn ligament, traumatic brain injury, spinal injury, or other serious condition.
Medical Treatment
The amount and type of medical treatment can provide important evidence concerning the nature of an injury.
Treatment may include:
- Emergency room care
- Hospitalization
- Diagnostic testing
- Physical therapy
- Injections
- Specialist treatment
- Surgery
- Rehabilitation
- Future medical care
However, the number of medical bills alone does not determine the value of a case.
Permanency
Whether an injury results in permanent impairment can be an important consideration.
A person who continues to experience limitations long after the accident may have a different claim from someone who makes a complete recovery.
Lost Wages
If an injury prevents you from working, lost income can become an important part of the claim.
Depending on the circumstances, the analysis may also involve whether an injury affects your future ability to earn income.
Liability
Before determining the value of a claim, it is necessary to examine whether the other driver can be held responsible.
Evidence can include:
- Police reports
- Photographs
- Witness testimony
- Vehicle damage
- Surveillance video
- Accident reconstruction
- Cell-phone evidence
- Traffic-camera footage
- Medical records
Comparative Negligence
New Jersey recognizes comparative negligence principles.
If the evidence establishes that an injured person was also negligent, that can affect the amount recoverable in a personal injury action.
That makes the facts surrounding how the accident occurred particularly important.
Insurance Coverage
Insurance coverage can also affect a claim.
New Jersey automobile policies can include bodily injury liability coverage and uninsured/underinsured motorist coverage. The available limits can become important when evaluating a serious injury claim.
The Impact on Your Life
A serious injury can affect much more than medical bills.
It can affect your ability to:
- Work
- Exercise
- Drive
- Sleep
- Care for your children
- Participate in hobbies
- Travel
- Perform household activities
These consequences can be important when evaluating damages.
There Is No Formula That Applies to Every Case
Be cautious about websites promising to tell you that your accident is automatically worth a certain amount of money.
A proper evaluation requires examining the actual facts, medical records, insurance policies, liability evidence, and long-term consequences of the injury.
If you have been seriously injured in a New Jersey car accident, The Morano Law Firm can review your circumstances and explain the issues that may affect your claim. Contact The Morano Law Firm to discuss your accident and your legal options.