The value of an injury claim depends on several factors:
- the severity of injuries sustained;
- the amount of property damage; and
- any fault the injured person might have had in the crash.
A Colorado auto accident lawyer in Denver will use appropriate evidence to establish a fair car accident settlement amount.
Value of an Injury Claim Based on Injuries
The severity and extent of injuries will play a significant role in the value of an injury claim not only in the way of actual medical costs, but the impact they have on a person’s life. For instance, a broken arm will eventually heal, but a severe head injury could impact the person long-term.
Injuries that are disfiguring, such as the loss of an arm or leg, or scars from being burned, are obviously more severe than bruises and lacerations. When an injury results in permanent disablement, this would also increase what’s considered a fair car accident settlement amount.
Along with the medical expenses are the earnings that an injured person is without, because of the injuries. The time he/she is unable to work may be recoverable, but if the injuries cause the person to change jobs and thus receive lower pay or prevent the victim from returning to work, this could further increase car accident settlement amount. Physical injuries aren’t the only injuries a Colorado auto accident lawyer in Denver will address in a claim.
Value of an Injury Claim Based on Property Damage
The amount of damage to the car will also impact the car accident settlement amount. This could include not only the cost to repair the vehicle but possibly to rent another one while the car is being repaired. Or if the car was totaled in the crash, a Colorado auto accident lawyer in Denver will factor the replacement value into the claim.
If there was other property damage, such as items inside the car (laptop, cell phone) this could also be considered. Having receipts will help in proving the value of property damaged in the accident.
Value of an Injury Claim Based on Fault
In Colorado, an injured person can only recover damage if his/her fault was 49 percent or less. Once it has reached 50 percent, compensation may not be recovered. But any fault below 49 percent that is assigned will impact the car accident settlement amount.
Let’s say the value of car accident damages is determined to be $65,000. If the person is found to be 25 percent responsible for the crash, this reduces the amount available by 25 percent, or $16,250. Therefore, the person would only be entitled to recover $48,750. This can make a significant difference, which is why it’s a good idea to consult with a Colorado auto accident lawyer in Denver about establishing the other party’s negligence and liability.
Colorado Auto Accident Lawyer D.J. Banovitz Can Help Denver Accident Victims
D.J. Banovitz can help determine and establish the level of fault that each party has in the case. Working with a lawyer can also be helpful to estimate the car accident settlement amount that could be recovered, and to establish to the insurance companies or courts the value of an injury claim.