Car accidents don’t just cause physical pain. Even “minor” accidents can create major money issues. According to the National Safety Council, the average cost of a non-fatal, non-disabling car accident injury is $42,000. It’s normal to wonder where you’ll get the money to cover medical bills, lost time from work, and other accident-related costs.
If you were hit by another driver, you have certain legal rights. One of those is the right to file an insurance claim or lawsuit to get money to cover costs related to the crash. Lawyers call this money “damages.” However, the amount of damages can vary from case to case. Some websites have calculators that claim to tell you how much your case is worth, but the reality is that there isn’t any one magic formula. Damages depend on many factors, which will be different in every case.
This article discusses five factors that can affect the amount of damages you’ll get in an Alabama car accident case. These five are not a complete list, but they will give you an idea of how lawyers think about these issues.
Your Physical Injuries
The nature of your physical injuries is one of the most important factors in determining damages. Of course, any bodily injury is serious. But legally, more severe injuries are worth more money. Generally, injury severity is determined by factors like
- The type or nature of the injury
- The location of the injury
- The injury’s prognosis (how well it will heal)
The type of injury can refer to many things. For example, “hard injuries” like broken bones are usually worth more than soft tissue injuries like sprains and strains. However, not all broken bones are the same. Compound fractures are more severe than simple fractures, and spiral and compression fractures, which involve breaks in multiple places, are more severe than one clean break.
The location of the injury also matters. Given its importance, injuries to the brain are usually worth more than other injuries to other body parts. Also, scars on the face are usually worth more than scars in less visible places on the body.
Finally, the prognosis for the injury matters. A general rule is that more permanent injuries are worth more than passing ones. For example, a paralyzed leg that will never regain movement is worth more than a broken leg that will heal completely. Similarly, a leg that partially heals but will still interfere with daily life in some way will be worth more than a leg that will someday return to pre-accident functionality.
While these are the general guidelines, every injury is unique. Your Alabama accident injury attorney can tell you more about how the nature of your injuries will affect your recovery.
Your Emotional Injuries
Your body isn’t the only thing that can be hurt in a car accident. Experts now know that car accidents can cause serious emotional and psychological harm. After car accidents, it’s common for people to experience mental health issues such as
- Depression,
- Anxiety, and
- Post-traumatic stress disorder (PTSD).
Fortunately, you can recover damages for these non-physical injuries as well as the injuries to your body. Physical injuries often cause pain. The law allows you to recover not only for the injuries to your body but also for the mental pain that these physical injuries caused. These damages, called “pain and suffering,” are quite common in Alabama personal injury cases. Other non-physical injuries include harm to your relationships with other people, such as your spouse.
Your Costs
In personal injury law, the point of damages is to put you back in the position you were in before the accident. This means taking care of any costs created by your injuries, including
- Medical bills,
- Equipment costs, and
- Lost wages (both past and future).
Of course, these numbers refer to money you spent—not costs covered by your auto or health insurance. Those companies have a special process for recovering their costs. An experienced Birmingham car accident lawyer can tell you more.
The Cause(s) of Your Accident
The cause of your accident plays a major part in how much you can recover. Generally, if you are hit by another private driver, your recovery will be somewhat limited by their insurance policy and assets. However, if your accident was caused by a trucking company’s failure to follow federal safety laws, a car company’s manufacturing defect, or the government’s failure to repair a road, more recovery may be possible. This is especially true for trucking accidents where multiple parties may be responsible.
Your Evidence
In court, what happened doesn’t matter. What matters is what you can prove. So, you must have evidence. Make sure that you keep records related to your accident (whether hard copy or digital) in a safe place. After an accident, take pictures of the scene and get the names of any witnesses.
Having evidence is the beginning, but it isn’t the end. Some evidence can be discredited by the other side. For example, a witness with a clear view of the accident is stronger than a witness who couldn’t see what happened. This may seem obvious, but other factors can also affect witness reliability. If your only witness just happens to be your spouse or child, their connection to you will make their statements less credible than someone who doesn’t know you. Also, you may have proof that you suffered major injuries, but social media posts that show you moving about without any issues will undermine your claims. An experienced Birmingham injury attorney can tell you more about the factors the other side can use to weaken your case.
Do You Have More Questions About Damages in Alabama Car Accident Cases?
There is no magic formula to determine how much your Alabama car accident case is worth. The only way to truly know how much you can recover for your car crash injuries is to ask an experienced Alabama car accident attorney. Your attorney can guide you through the relevant factors and tell you the strengths and weaknesses of your case.
Remember, if you are injured in a car crash, you have rights. If you need help fighting for those rights, contact Collins Law, LLC. Our firm will go the extra mile to make sure you get the compensation you deserve. To learn more about how we can help you, call us at 205-588-1411 or use our website’s online scheduling tool.