When they consult with a Kennesaw car accident lawyer, most clients want to know how much money they can expect to get. This is an understandable attitude.
By the time they are fit to meet with an attorney, many accident victims already have many medical care bills to pay, as well as other expenses that they had to put off since their paychecks started coming in. Thus, the value of the Kennesaw car accident case is not a matter of greed but of need.
However, you cannot expect to get an answer upfront. The actual value of the settlement you will get depends on several factors, which are unique to each case.
1. The Severity of Your Injuries
The biggest part of car accident claim settlement is compensation for medical care costs. Thus, when you see a very large settlement amount, it means that the accident victim suffered life-changing injuries and may need medical treatments or nursing care for the rest of their life.
Since medical care costs play such a big role in the value of your claim, your attorney will start calculating them only when you reach maximum medical improvement. This means that, from that moment, no further treatments can make a difference.
Through consultations with your doctor, your lawyer will be able to establish:
- All the medical care expensed to date
- The need for future treatments, surgeries, or physical therapies
- Whether you will need to use assistive devices
- Whether you are left with an impairment that requires constant nursing care.
2. Lost Wages and Loss of Earning Potential
Another important element in a car accident claim is the compensation for lost wages. Your attorney will calculate how many work days you missed after the accident and add up the weekly wages you did not receive.
Also, if the car accident injuries leave a permanent disability that prevents you from returning to work, the lawyer will evaluate your loss of earning capacity. This translates into the potential loss of earnings until you are reasonably expected to retire, plus other job-related benefits.
3. Your Percentage of Fault in the Accident
During the first appointment with a Kennesaw car accident lawyer, the attorney will ask you exactly what you did just before the accident. It is important to be honest, even if you were speeding a little.
These facts will come to light during the evaluation of the proportion of fault of each driver. Under Georgia’s comparative negligence rule, only the driver who is less than 50% at fault has the right to seek compensation. Even so, their total damages will be reduced by an amount representing their percentage of fault.
Before you wonder, there are very few cases when the plaintiff is found 0% at fault. But, if you tell your lawyer everything, they will be able to determine a fair proportion of fault. The insurance adjuster will do everything to increase it.
4. Your Non-Economic Damages
Non-economic damages represent a form of compensation for pain and suffering. Your lawyer will take into account several factors:
- The extent and severity of your injuries and the pain they cause you
- Whether you suffer from anxiety, recurring nightmares, or PTSD after the crash
- The negative impact of the accident on your quality of life
- Reports from family members and friends indicating a change in your personality and behavior after the accident.
5. The Available Insurance Coverage
Last but not least, the value of a Kennesaw car accident case is determined by the available coverage amount of the at-fault driver’s policy. No matter how skilled your attorney is in negotiating, they will not be able to get one cent above this limit.
If the insurance does not cover all your damages, you may sue the driver for the difference. However, a lawsuit is expensive, takes time and there are no guarantees that you will win.
Let an Experienced Kennesaw Car Accident Lawyer Win Your Settlement!
The only guarantee you get in a car accident claim is that The Weinstein Firm will fight to win the maximum compensation you are entitled to receive. An experienced Kennesaw car accident lawyer will use all the available evidence, their knowledge of the law, and their negotiating skills to win the fair settlement amount you deserve.
Call us today to schedule a free case review with us at 770-HELP-NOW!
