If you were recently injured in a car accident in Michigan and you believe that the other driver was at fault in the collision you may be entitled to compensation for your injuries. Understandably, one of the first questions victims of a motor vehicle accident have is “ What is my car accident claim worth in Michigan? ” The value of a car accident claim depends on numerous factors. While the best way to get an idea what your claim is worth is to consult with an experienced Michigan car accident attorney, a better understanding of the factors that go into determining the value of a claim is a good place to start.
No two motor vehicle accidents involve exactly the same facts and circumstances; however, there are some common factors that are considered when evaluating the value of a claim, including:
- Negligence – negligence is the legal term used to refer to fault or responsibility in a personal injury accident. For a victim to be entitled to compensation for injuries sustained in a car accident another party’s negligence must have caused, or contributed to, the accident. Your own negligence can reduce the value of your claim. For example, if the other driver made a left hand turn in front of you, clearly failing to yield to you when you had the right of way, the other driver would be considered negligent. If, however, you were also speeding at the time, you might share in the negligence. You might be found to be 20 percent responsible and the other driver 80 percent. The value of your claim would then be reduced by your share of the blame, or 20 percent.
- Severity of injuries – both economic and non-economic damages may be available to a victim. Economic damages are things like medical bills and lost wages while non-economic damages are what people typically refer to as “pain and suffering”. The value of both types of damages will depend, to a large extent, on how severe the injuries were. If the injuries caused permanent damage, scarring, disfigurement, or anything else that will never completely heal the value of the claim will be higher than if the injuries were minor and expected to heal completely.
- Liability limits – in reality, the liability limits of the negligent party’s insurance may also play a role in evaluating a claim. Although you can pursue other avenues for payment, such as putting a lien on property owned by the defendant, most claims are paid for by insurance. Therefore, the at-fault party’s liability insurance limits will be a factor when determining how much the defendant can realistically pay the victim.
If you have been injured in a Michigan car accident you should consult with an experienced Michigan car accident attorney as soon as possible after the collision to ensure that your rights are protected and that you are fairly and fully compensated for all your injuries.
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