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The Factors Of A Car Accident Claim

Car Accident Claim

Injuries related to car accidents can be severe and life-altering, and they can leave victims with little recourse but a lawsuit. However, before going down such a legal avenue, it is beneficial to make a few assessments about the potential success of your claim and estimate the potential value of recovery. Therefore, to make these assessments, it is necessary to understand the factors that contribute to the possible recovery claim.


While fault seems like a cut-and-dry piece of the puzzle, the laws of fault and negligence vary by state. Some states consider contributory negligence, while others follow comparative negligence rules in determining guilt and assessing damages. If found partially responsible for the accident in contributory states, then you cannot pursue restitution for damages. However, in comparative negligence jurisdictions, you can make a claim for the percentage of damages you are not responsible for.

Loss of Income

If you are not at fault for the accident or reside in a comparative negligence state, then you can sue to recoup lost income. Also, while it is common to file to recover current income, depending on the extent of your injuries, you might be able to sue for lost future earnings as well.

Injuries and Medical Expenses

The most common reason to make a claim after an accident is to recover financial losses directly related to sustained injuries and medical expenses. While common, you will need to maintain receipts and other documentation to prove that the treatments and bills were a result of the car crash and not another incident.

Pain and Suffering

Pain and suffering refer to the more abstract injuries that were sustained as a result of the accident. For example, if you developed an anxiety disorder because of the trauma of the crash, then you can make the argument that ongoing psychological treatment is necessary. Also, if your injuries have caused self-esteem issues or troubles in your relationship, then these too can be considered under the category of pain and suffering.

Loss of Opportunity

Last, if your injuries have resulted in a mandatory career change, then you might be able to seek damages for the loss of opportunity. For example, if you work in a labor-intensive field, but your injuries make it impossible to continue in your chosen profession, then you can seek the difference in projected income.

Figuring out the potential recovery in a personal injury claim is difficult, and it includes many provable and speculative assessments. Therefore, if you are considering making a personal injury claim against an at-fault driver, then contact an experienced car accident lawyer and ask for help.

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