"How much is my case worth?" It is one of the most common questions we hear from car accident victims at Dr. Ted Injury Law, and it is completely understandable. You are dealing with mounting medical bills, lost income, physical pain, and emotional stress. You need to know whether pursuing a legal claim is going to be worth the time and effort.
The honest answer is that every case is different, and no ethical attorney can give you an exact dollar figure without thoroughly investigating your case. However, we can explain the key factors that go into determining the value of a car accident case so you have a better understanding of what to expect.
Types of Damages in a Car Accident Case
In a personal injury case arising from a car accident, the compensation you may be entitled to is generally divided into three categories: economic damages, non-economic damages, and in some cases, punitive damages.
Economic Damages
Economic damages are the tangible, out-of-pocket costs you have incurred or will incur as a result of the accident. They include:
- Medical expenses: Emergency room visits, hospital stays, surgeries, doctor visits, physical therapy, prescription medications, medical equipment, and future medical treatment.
- Lost wages: Income you have lost because your injuries prevented you from working, including any future earning capacity that has been diminished by your injuries.
- Property damage: The cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
- Out-of-pocket expenses: Transportation to medical appointments, home modifications, and hiring help for tasks you can no longer perform.
Non-Economic Damages
Non-economic damages compensate you for the intangible ways the accident has affected your life. While more difficult to quantify, they often represent the largest portion of a car accident settlement:
- Pain and suffering: Compensation for the physical pain you have endured and will continue to endure.
- Emotional distress: Anxiety, depression, fear, sleep disturbances, and other psychological effects.
- Loss of enjoyment of life: If your injuries prevent you from participating in activities you previously enjoyed.
- Loss of consortium: If the accident has negatively affected your relationship with your spouse.
- Scarring and disfigurement: Visible scars or permanent disfigurement can significantly increase case value.
Punitive Damages
In cases involving particularly egregious conduct, such as drunk driving or extreme speeding, you may be entitled to punitive damages. These are designed to punish the wrongdoer and deter similar behavior in the future. Punitive damages are not available in every case, but when awarded, they can substantially increase the total recovery.
Key Factors That Affect Case Value
Severity of Injuries
Generally speaking, the more severe your injuries, the higher the value of your case. Catastrophic injuries such as traumatic brain injuries, spinal cord injuries, amputations, and severe burns typically result in the largest settlements and verdicts.
Clarity of Liability
If it is clear that the other driver was entirely at fault, your case will generally be worth more than if fault is disputed. In North Carolina, where contributory negligence can bar recovery entirely, establishing clear liability is especially critical.
Insurance Coverage
The amount of insurance coverage available is a practical limit on what you can recover. If the at-fault driver has only minimum liability coverage, which in North Carolina is $30,000 per person and $60,000 per accident, your recovery may be limited. However, uninsured or underinsured motorist coverage on your own policy can provide additional recovery.
Quality of Evidence
Strong evidence supporting your claim increases its value. This includes a detailed police report, accident scene photographs, witness testimony, surveillance footage, consistent medical records, and expert opinions.
Pre-Existing Conditions
If you had a pre-existing condition that was aggravated by the accident, the insurance company will try to blame your symptoms on the pre-existing condition. An experienced attorney can counter this with medical evidence showing that the accident caused a measurable worsening of your condition.
Average Settlement Ranges
While every case is unique, general ranges can be helpful. Minor cases involving soft tissue injuries like whiplash often settle for $10,000 to $50,000. Moderate cases involving fractures, herniated discs, or surgery may settle for $50,000 to $300,000. Severe cases involving catastrophic injuries or permanent disability can result in recoveries of $500,000 to several million dollars or more.
Do Not Accept a Lowball Settlement
Insurance companies often make quick settlement offers before you fully understand your injuries. These early offers are almost always far below the true value of the case. Once you accept a settlement, you cannot go back and ask for more money.
At Dr. Ted Injury Law, we fight to make sure our clients receive the full compensation they deserve. We handle car accident cases across North Carolina, South Carolina, and Georgia on a contingency fee basis. Contact us today at (800) 555-HURT for a free case evaluation.
