Damages are on everyone’s mind after a car accident case. One of the first things our clients ask us is how much their case is worth. We understand the need to know what your case is valued at. It can be frustrating to see bills piling up and not being able to pay them. The good news is that your car accident lawyer in Palm Springs, California can review your case and give you an idea of what your case is worth.
If any attorney tells you they can give you a precise value for your case, they aren’t being honest with you. It’s impossible to tell someone exactly how much their case with worth. There are all sorts of factors that can impact how much your claim is worth. Here, we’ll talk about what these factors are. We’ll also explain why most car accident lawsuit cases settle long before they go to trial.
You Won’t Get Any Damages if You Can’t Prove Your Case
Sometimes, car accident victims get ahead of themselves when it comes to their legal claims. They get so caught up in how much money they’re going to get, that they forget that they have to prove their claim first. This means your Palm Spring injury lawyer will need to prove the other driver was liable. This usually requires that they prove negligence.
In California, you need to prove four elements in order to demonstrate negligence. These elements are:
The Defendant Owed You a Duty of Care.
With a car accident, this is a given. All drivers owe other people on the road a duty of care. At a minimum, the driver needs to obey all traffic laws. They also should behave reasonably, such as not driving too fast for weather conditions.
The Defendant Breached This Duty.
ou need to demonstrate that the defendant did something to breach their duty. For example, you could satisfy this requirement by proving the car driver was drunk at the time of the crash. Or you could show the driver ran a red light.
You Were Injured.
No matter what the cause, you need to prove that you were hurt. Your Palm Springs injury lawyer will submit copies of your medical records to do this. You can also show proof that your car was damaged. You will be able to demand damages for both economic and non-economic damages.
Your Injuries Were Caused by the Other Driver’s Breach.
This is the trickiest part of your lawsuit. Your car accident lawyer in Palm Springs, California will have to prove the other driver’s actions caused the crash and connect your injuries to the crash.
They’ll rely on pictures, videos, and information from the accident scene to do this. It may be obvious that the defendant caused the crash. However, there could be issues of pre-existing conditions that your lawyer had to deal with.
If you’re able to prove these four elements, you’ll have a good chance of recovering damages. Now it’s time to talk about what factors impact the amount of your settlement.
Every Palm Springs Car Accident Case Is Unique
One of the most important things you need to remember is that your case is not the same as any other case. Our Palm Springs injury lawyers handle dozens of car accident cases every year. Some crashes are more serious than others.
Perhaps your case involves more than one defendant. Some cases result in serious injuries while others are so bad they end up in the death of one of the victims. The more serious your injuries, the more money you can demand.
It’s not just your injuries that matter. As one can imagine, younger accident victims can demand more because they may be losing thirty or forty years of future income. Parents can usually demand more in pain and suffering than single people. For example, if a man or woman ends up paralyzed after a car crash, they can argue that they can no longer take care of their kids. Single people won’t have that argument.
The important thing to remember is that your car accident lawyer in Palm Springs, California is going to fight to get you as much money as possible.
You May Not Be Entitled to All Types of Damages
All car accident victims need to prove each type of damages they demand in their lawsuit. Your Palm Springs injury lawyer will review your case and determine which of the following you can demand:
- Medical Expenses – You’re entitled to reimbursement for any medical bills you accrued as a result of your crash. This includes current medical bills and any future medical bills you may accrue.
- Property Damage – Obviously, if your car was damaged or destroyed in the crash, you can demand compensation to repair or replace your vehicle. Your attorney ill submit copies of the vehicle along with an estimate from your mechanic.
- Lost Wages – If you miss more than a week from work, you can demand compensation for lost wages. You’ll have to submit proof of this missed time.
- Lost Future Income – In addition to lost wages, you can demand compensation or lost future income. If you are no longer able to work (or do the same kind of work) after your car wreck, you can demand the difference. Your attorney will demand that you be paid the difference between what you would’ve earned prior to the accident compared with what you’ll actually earn.
- Pain and Suffering – If your accident is serious, your car accident lawyer in Palm Springs, California can demand pain and suffering. These damages may make up the lion’s share of your case.
Call and Speak With an Experienced Injury Lawyer in Palm Springs Today
If you’ve been hurt in a motor vehicle accident, you need our help. Call our office and set up a date and time to meet with one of our skilled Palm Springs injury lawyers. This gives you a chance to sit down and discuss your case with someone who’s handled dozens of car accident cases before. The initial consultation is free so you don’t pay anything until your case is settled.
