While there is no limit to how much someone can sue for a car accident in Pennsylvania, the following factors affect the amount of your car accident settlement or judgment:
- The extent of your injuries
- Your present and future medical expenses
- How much work you missed due to your injuries
- The effect your injuries have on your ability to work
- The effect your injuries have on your quality of life
- Whether your injuries affect your family life
- The amount of property damage caused by the car accident
- Whether you were partially at fault for the car accident
- The percentage of your fault for the car accident
- Whether the conduct of the other driver(s) was/were reckless or intentional
If you were in a car accident in PA, call the Philadelphia car accident lawyers at Cousin Benny to discuss your case, free of charge, and find out how much your case is worth.
Factors Influencing the Amount You Can Sue for in a Car Accident
The amount you can sue for after a car accident depends on the severity of your injuries, the financial losses you’ve suffered, and the question of who’s responsible for the car accident. Every element from the motor vehicle accident impacts the value of your claim.
Extent & Impact of Injuries
The severity of your car accident injuries directly influences how much you can claim in damages. Minor injuries, like sprains or bruises, may only warrant coverage for immediate medical treatment. More serious conditions, such as spinal cord damage, traumatic brain injuries, or multiple fractures, can lead to higher settlements due to long-term medical needs and reduced quality of life.
Consider a car accident case where a victim suffers a severe back injury, leaving them unable to return to a physically demanding job. The financial burden of ongoing treatment and lost earning potential can increase the value of the personal injury claim.
Financial Costs Incurred
Every expense related to the motor vehicle accident adds to the potential value of your car accident lawsuit. This includes medical bills, rehabilitation costs, lost wages from missed work, property damage, and even out-of-pocket expenses like transportation to medical appointments.
For example, if a car accident victim requires surgery followed by months of physical therapy, those costs, along with any necessary home modifications for mobility, would factor into the lawsuit. The more financial hardship a car accident imposes, the higher the potential claim.
Determining Liability
Establishing fault impacts how much you can sue for, as financial compensation is typically proportional to the at-fault party’s responsibility. If the other driver was entirely negligent, such as running a red light or driving under the influence, you may be eligible for full compensation.
However, if you share some responsibility, comparative negligence laws may reduce your award. Imagine two drivers in a collision where one was speeding, but the other failed to yield. If the speeding driver is found 30% at fault, their final settlement would be reduced by that percentage, impacting how much they can recover.
Calculating the Value of a Car Accident Case
Determining the value of a car accident case involves assessing the full financial, physical, and emotional toll of the car crash. Compensation can include both tangible losses, such as medical expenses and property damage, and intangible damages like pain and suffering, emotional distress, and diminished quality of life.
A skilled car accident attorney will evaluate the immediate costs and the long-term impact of your personal injuries, ensuring that every potential loss, from lost earning capacity to ongoing medical care, is factored into your car accident claim.
What am I Entitled to Besides Medical Bills?
You may think it is easy to calculate your damages — just add up your medical bills, right? If you do that, you may be leaving money on the table, out of pocket for expenses that may be compensable, and worse, compromising your family’s financial future.
Present and Future Medical Expenses
If you suffered minor injuries, it may be enough to calculate your uninsured medical expenses as well as your lost wages from having to miss work due to medical treatment or healing time. There may be much more to it than that in the case of more serious injuries, especially those requiring ongoing treatment, medication, or therapy, or causing disfigurement or disability.
In these situations, an experienced car accident lawyer will consult with medical experts to determine the future medical costs resulting from your car accident.
Property Damage from Your Car Accident
Your car was an expensive investment. What do you drive while you are waiting for the insurance adjuster to appraise your vehicle? You probably have to rent a car, which may be compensable whether or not your own auto insurance policy provides for that.
You probably have a deductible on your car insurance policy that you must pay before insurance coverage kicks in, perhaps as little as $500 or as much as $5,000. That deductible may also be compensable.
The cost to fully repair your vehicle may exceed your coverage, and any overage may be compensable. In a worst-case scenario when your car cannot be repaired and is declared a total loss, it is unlikely your insurance policy will cover the cost of purchasing a new or used comparable vehicle. In that case, the difference between the amount of coverage and your costs may be compensable.
Any Impact Your Car Accident Injuries Have on Your Future
If your injury results in disability or disfigurement, you may be entitled to additional compensation for your emotional distress, pain and suffering, or loss of enjoyment of life. Your spouse and children may be entitled to recover compensation if your injury affects the quality of your relationship with them.
Lastly, if your injury affects your ability to do your job, you may be entitled to fair compensation for loss of future wages. In these cases, your car accident lawyer will consult with forensic experts to calculate the economic loss to you and your family.
Does the Car Insurance Company Pay?
In a word, yes — eventually. If you are in a car accident, it is highly likely the auto insurance company will contact you soon to make an initial settlement offer. You would be wise not to take it.
Why? Insurance companies are like any other business – their purpose is to make a profit. The more insurance companies collect in premiums and the less they pay in claims, the more profit they make.
For this reason, it is likely the insurance company’s initial settlement offer will be far too low. Also, some injuries take time to treat and assess, so in the first few weeks or months it is not possible for you to know the extent of the present and future expenses caused by your car accident.
If you were in a car accident and have been offered a quick settlement, be wary and contact an experienced car accident attorney in your jurisdiction for advice. They will let you know how much your case may be worth and whether the settlement offer is fair to you.
How Much Can You Sue an Insurance Company for a Car Accident?
The amount you can sue an insurance company for depends on the severity of your injuries, your financial losses, and the at-fault driver’s policy limits. Insurance policies have maximum coverage amounts, meaning if your damages exceed those limits, you may need to seek compensation through uninsured/underinsured motorist coverage or by suing the at-fault driver directly.
In cases where an insurer refuses to pay a valid claim, delays payment without cause, or offers an unfairly low settlement, you may have grounds for a bad faith insurance claim, which can entitle you to damages beyond the original claim, including legal fees and punitive damages.
If an insurer engages in deceptive practices, such as misrepresenting policy terms or failing to conduct a proper investigation, legal action can hold them accountable and potentially increase the compensation available to you.
What if the At-Fault Driver is Uninsured?
If the driver responsible for your accident doesn’t have insurance, you still have options to pursue compensation. One of the most common solutions is filing a claim under your own uninsured motorist (UM) coverage, which covers medical expenses, lost wages, and other damages when the at-fault driver lacks insurance.
If you don’t have UM coverage, you may be able to file a personal injury lawsuit directly against the at-fault driver, though recovering compensation can be challenging if they lack sufficient assets. In some cases, other liable parties like an employer (if the driver was on the job) or a manufacturer (if a vehicle defect contributed to the crash) may be pursued for additional compensation.
Because uninsured driver claims can be complex, working with a seasoned car accident attorney can help ensure you explore every available option to recover the compensation you deserve.
What If I Was Partially at Fault?
Fault is a factor in “comparative fault” states such as Pennsylvania. In PA, if you were 50% or less at fault for causing the car accident, you can still get compensated for your damages. Your compensation is reduced by the amount you are at fault, For example, if your damages were $250,000 and you were 50% at fault for the accident, you are eligible for only $125,000.
Fault is a highly-contested issue in car accident cases because it determines the percentage of your damages you can recover from the other party or parties. Obviously, you want an experienced car accident attorney to investigate and prove that the percentage of your fault for the accident was as low as possible. If the percentage of your fault is higher than it should be, you could be leaving thousands, tens of thousands, or hundreds of thousands of dollars on the table.
Strategies to Maximize the Value of a Car Accident Case
The amount you recover after a car accident also depends on how effectively you build your case. By taking the right steps early, you can strengthen your car accident claim, ensuring you receive full and fair compensation for your injuries, financial losses, and overall impact on your life.
Gathering Strong Evidence
Compelling evidence is the foundation of a successful car accident claim. Take photos of the accident scene, vehicle damage, and any visible injuries as soon as possible. Witness statements, police reports, and surveillance footage can also help establish fault and prove the extent of your losses.
A car accident attorney can gather additional evidence, such as traffic camera footage or expert testimony, to counter any disputes from the insurance company.
Timely Medical Documentation
Seeking medical attention immediately after a car accident strengthens your personal injury claim by creating a clear record of your injuries. Delays in treatment can give insurance companies a reason to argue that your injuries weren’t severe or weren’t caused by the car accident.
Keeping detailed medical records, including doctor’s notes, diagnostic reports, and prescribed treatments, helps quantify your damages and ensures all future medical costs are factored into your settlement.
Professional Legal Representation
A seasoned car accident lawyer levels the playing field against insurance companies that aim to minimize payouts. They negotiate aggressively on your behalf, ensuring you don’t accept a low settlement that fails to cover all your losses.
A car accident attorney also handles the legal procedures involved, from filing claims to presenting evidence, maximizing your chances of securing the compensation you need to move forward in life.
Contact Our Philadelphia Car Accident Lawyers
The Philadelphia car accident lawyers at Cousin Benny have experience negotiating and trying all types of car accident cases, including truck, motorcycle, pedestrian, cyclist, and multi-vehicle accidents on every type of road from one-way alleys to major highways. Even if it’s a hit & run crash, a distracted driving accident, or a rear end collision, reach out.
