The injuries after a car accident can be devastating. In addition to pain and medical bills, you may be unable to work and support your family.
As the amount you owe in medical care increases, it can be overwhelming, especially if it takes a long time to complete your case with the other driver. In some cases, the amount of recovery can seem underwhelming.
These are some of the factors that impact the recovery amount from a car accident.
Comparative negligence
In California, courts follow the pure comparative negligence standard. This means that the court (either a judge or jury) will calculate how much fault you and the other driver share for the accident. After calculating this percentage, your recovery will be reduced by the amount of fault you had in the accident. For example, if you were 25 percent at fault, you would receive 75 percent of the total damages.
Accumulated and projected treatment
When your medical team puts together a treatment plan for your recovery, it can seem overwhelming. However, this will be an essential factor for determining the appropriate amount of damages in your case.
Once you demonstrate that your injuries are from the accident, you may also need to show the costs you have already accumulated as well as the cost for your treatment in the future. Your future costs could include considerations such as:
- Modifications to make your home accessible
- Physical therapy
- Follow-up surgeries or treatments
- Ongoing appointments
- Often, these add up to a significant portion of the damages from your accident.
- Impact on your life and loved ones
Your injuries will also impact those around you. While this can be difficult to calculate, it is a significant part of your car accident claim.
You may need to think about how your injuries will limit your ability to support your family. You should also consider the activities you enjoyed together before your injury and the impact on your sense of companionship.
Often, these cases come with many layers. Talking to an experienced professional about the components of a car accident claim is essential.