A car accident can be expensive, with many related medical bills and necessary property repairs. It is important to have an accurate idea of how much your car accident case in Fresno is worth so that you can negotiate for a fair settlement and move forward with confidence. A Fresno car accident attorney can give you a case evaluation for free at Jacoby & Meyers.
Factors That Influence Car Accident Settlement Value
There is no such thing as an average car accident settlement value in Fresno. This is because settlements are carefully determined based on the unique factors of each case, such as the severity of the victim’s injuries and the amount of his or her damages, or losses.
Medical Expenses (Past and Future)
In general, car accident victims in Fresno with severe or catastrophic injuries, meaning injuries that will impact the victim for many years (or for life), will receive greater settlements. This is because these injuries involve greater medical costs.
You may be eligible for reimbursement for your past and future hospital stays, emergency or intensive care, surgeries, treatments, medications, medical devices, therapies, rehabilitation, disability costs, and more after a harmful car accident.
Lost Wages and Loss of Earning Capacity
Another compensable damage in your car accident claim may be your lost wages. This can include income you have already lost from taking time off of work as well as future lost capacity to earn due to a long-term or permanent disability. This will be calculated based on your salary prior to the accident compared to what you are capable of earning now.
Pain and Suffering Damages
Economic damages, such as medical bills and property repairs, are known as “special damages” because they are specific to the individual and have an exact numeric value. Pain and suffering, on the other hand, describe an individual’s “general damages,” or what any injured victim is likely to suffer from the injuries. This can include physical pain, emotional distress, mental anguish and loss of enjoyment of life.
How Liability Affects Your Claim in California
The value of your Fresno car accident claim will also depend on whether you are assigned any fault for the crash. California is a pure comparative negligence state, which means that car accident victims can still receive partial compensation if they share the fault.
However, your award will be reduced by an amount equivalent to your percentage of fault. If you were originally offered a $100,000 settlement, for example, but you are assigned 15 percent of fault, your award would be reduced by 15 percent to $85,000.
When Punitive Damages May Apply
Although it is rare, some car accident claimants in Fresno receive an additional amount known as punitive damages for their claims. A punitive damage award is reserved only for punishing the defendant for gross negligence, oppression, fraud or malice.
Drunk Driving and Gross Negligence Cases
One example of when punitive damages may be awarded in Fresno is a drunk driving accident case. If it is determined that a driver was under the influence of alcohol at the time of causing a severe or deadly collision, the courts may award the victim punitive damages in addition to a compensatory recovery.
How a Fresno Car Accident Lawyer Can Maximize Your Claim
Before you start negotiating your settlement with a car insurance company in Fresno, it is important to get an idea of how much your case is truly worth by consulting with a Fresno personal injury attorney. A lawyer will help you calculate your full case value after a careful review of your case. If the lawyer offers representation, he or she can negotiate a fair settlement with insurance companies on your behalf or take your case to court for a fair outcome.