One person is killed every 12 minutes, and another person is injured every 10 seconds in motor vehicle collisions in the United States. Many of these situations are ultimately resolved through insurance settlements, with some of these cases settling for a few thousand, while others yield millions. This raises the question of which factors drive higher settlements.
The severity of the injury is one of the most influential factors that affects the value of an insurance settlement. An experienced attorney can meet with you to discuss your case, explain the factors that affect personal injury case values, and detail ways that we can fight for maximum compensation. Contact Cousin Benny Injury Lawyers today for a free consultation.
Factors That Affect the Value of Car Accident Settlements in Pennsylvania
Various factors can influence the potential value of a car accident settlement, with some of the most common including the following:
Severity of the Injury
One of the most influential factors affecting car accident case values is the severity of the injury. The focus of personal injury cases is to return the victim to the position they were in before the accident occurred. The more serious the injury, the greater the impact on the victim’s life.
More severe injuries may cost more money to treat, result in extensive time off work, and cause serious disruption to the victim’s life, for which they have a right to recover compensation. In contrast, minor injuries may not lead to such disruption or negative consequences.
Medical Costs
One of the reasons why severe injuries yield higher settlement amounts is that the costs associated with treating them are far greater than the medical costs associated with minor injuries. Car accident victims may be billed for medical treatment such as:
- Emergency care
- Hospital stays
- Surgeries
- Long-term care
- In-home nursing assistance
- Imaging
- Rehabilitation
- Medications
- Physical therapy
- Occupational therapy
For particularly serious injuries, medical needs in the future may include continued medical treatment, surgeries, rehabilitation, follow-up visits, long-term therapy, or assistive devices. A person’s current, past, and future medical expenses should be considered when evaluating a personal injury claim.
Lost Income and Reduced Earning Capacity
More severe injuries may also result in more time away from work. An accident victim has the right to demand compensation for their immediate lost wages, as well as the reduction in their long-term earning capacity. Reduced earning capacity damages compensate for the long-term income loss that an accident victim suffers when they are unable to return to the same job or must work a modified job that provides less income.
Non-Economic Damages
Car accidents don’t only cause damages that have a direct dollars-and-cents value to them. They can cause serious disruption to an accident victim’s life due to pain, suffering, mental anguish, and reduced enjoyment of life. Accident victims have a right to seek compensation for these damages, and car accident claims with non-economic damages that are well-supported can yield higher settlement amounts.
Fault
Pennsylvania follows a modified comparative negligence system if the accident victim contributed to their own injuries. In such a case, the plaintiff can still recover compensation if they contributed to the accident as long as their degree of fault was not greater than the defendant’s degree of fault. However, their compensation is reduced by their percentage of fault.
For example, if a jury determined the plaintiff was 10% at fault for the accident and suffered $100,000 in damages, the victim’s compensation would be reduced proportionately by 10% or $10,000 in this example. This would yield a final verdict of $90,000.
Insurance Policy Type and Limits
Another unique aspect of Pennsylvania car insurance laws is that the victim’s ability to sue for compensation is largely determined at the time they purchase insurance. They can choose limited tort insurance, which provides for a limited right to sue the at-fault driver and is less expensive, or full tort insurance, which allows for an unlimited right to sue the at-fault driver and is more expensive. However, there are exceptions under limited tort insurance, including if the victim suffered a serious injury.
Insurance companies are only going to settle cases for the maximum amount of coverage they provide under a policy, whether that is your own insurance or someone else’s. If the insurance company only provides for the minimum amount of insurance, you may be stuck with that amount unless you sue the at-fault party. An experienced attorney can review your situation to determine the applicable coverage limits and whether any other insurance or paths of financial recovery are available.
Common Car Accident Injuries That Lead to Higher Payouts
Car accidents are a leading cause of injury in the United States. Some injuries lead to higher compensation due to the impact that they have on victims’ lives. Here are some common severe injuries that may lead to higher awards than others:
Traumatic Brain Injuries
A traumatic brain injury (TBI) occurs when a sudden jolt or blow to the head causes brain damage. Victims may suffer various effects, including:
- Loss of consciousness
- Memory problems
- Cognitive difficulties
- Mood swings
- Sensitivity to light, sound, and smell
- Attention problems
- Dizziness and balance problems
- Speech problems
Executive function issues
More severe TBIs can result in functional limitations or consciousness disorders. Victims may require extensive medical treatment, including:
- Long-term neurological care
- Therapy
- Supportive services
Some TBIs are so severe that they cause permanent disabilities that prevent the victim from ever working again.
Spinal Cord Injuries
Spinal cord injuries can result in higher settlement amounts because they can cause paralysis, chronic pain, and/or loss of bodily function. A victim’s life can change instantly when they suffer this type of severe injury.
Settlement values can reflect various losses, such as:
- Lifelong medical care
- Future care needs
- The need for assistive medical equipment and home modifications
- Loss of independence
- Loss of the ability to work
- Adaptive vehicles
- Personal care assistance
- Chronic pain
- Emotional distress
- Mental anguish
Amputations
Some car accidents cause traumatic amputations due to the severity of the accident or the location of the damage to the body. Others require doctors to surgically remove a limb or other body part to protect the rest of the body.
Amputees may experience various setbacks due to their injuries, including prolonged time away from work, permanent disability, prosthetics, ongoing therapy, and reduced earning capacity. They may also suffer from phantom limb syndrome, which causes a decreased quality of life.
Severe Orthopedic Injuries
Severe orthopedic injuries, such as severe fractures, crushed limbs, or joint reconstruction injuries, can require surgeries and impose permanent mobility limits. They can lead to permanent restrictions, reduced range of motion, and chronic pain.
Burns and Disfigurement
Severe burns might require debridement, which is the medical removal of dead, damaged, or infected tissue from a wound to speed up healing and prevent infection. Skin grafts, which involve a surgical procedure that transplants healthy skin from a donor to cover damaged areas to return function and appearance. Burn injuries often involve a long recovery process, pain, and possible disfigurement.
Internal Organ Damage
Some car accident injuries are not always immediately apparent, such as internal organ injuries. These injuries can be life-threatening and may require:
- Surgery
- Extended periods of hospitalization
- Ongoing monitoring for complications
How to Document High-Value Injury Claims
Recovering fair compensation for a car accident injury often requires having compelling evidence that convinces the insurance company to settle your claim for a fair value, rather than risk having to pay more after a court trial. You can help document your damages by keeping records such as:
- Medical records that show the injuries you suffered, your need for ongoing care, and projections about future medical costs
- Employment records that document your lost wages and other amounts you lost due to your injuries
- Pain journal entries, your testimony, and witness statements about how your injuries have affected your daily function and quality of life
- Statements from expert witnesses about the long-term effects of your injuries on your life
Why Legal Representation Matters in Serious Injury Cases
If you are seriously injured in a car crash, obtaining fair compensation for your injuries is crucial. You could be unable to work, rendered permanently disabled, and left to manage on your own. You may not be considering the long-term costs and effects of your injuries on your life, but an experienced personal injury attorney can. They can handle communications with insurance companies, so you don’t say or do anything that could harm the value of your claim. They can also work with medical and financial experts to establish the full value of your claim and your long-term needs.
Personal injury attorneys fight to recover maximum compensation for your case, giving you the space and time to focus on your physical recovery.
Contact Our Experienced Personal Injury Lawyers
If you were injured in a car accident that you believe was someone else’s fault, an experienced attorney from Cousin Benny Injury Lawyers can carefully review your situation, discuss your unique circumstances, and explain the compensation that you may be eligible to recover. Contact us today to take advantage of your free consultation.
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