Factors That Affect Your Car Accident Claim

Car Accident Lawyer

Car accidents can happen in a blink of an eye, but they can require months to clean up afterward. This is because numerous factors go into determining who was responsible for causing the accident, what damages resulted from it, insurance policies, and nonmonetary items like pain and suffering. You probably won’t be able to get an exact estimate on how much you’ll receive out of a settlement, but these are the factors that can help you get in the right ballpark.


Fault is a major player in car accident cases, often because it belongs to more than one person. You also have to take into account your state’s laws, as some states prevent you from seeking compensation from another driver’s insurance if you were partially at fault for the accident. If the other driver was guilty, you must be able to prove they are liable for your damages and injuries.


Even if you have an easily winnable case, you may not be able to get all the compensation you deserve. Some policies only cover costs up to a certain amount of money. If you’re struck by an uninsured driver, you can only take from them what they have, which may not be enough to cover your expenses.


Damages can be broken down into several categories. One is property damage, which includes the literal cost of fixing your property caused by the accident, such as your car. Another common expense comes in the form of medical bills that people sustain because of an injury. Lost wages are also applicable in the case of an injury, as you would have been able to keep working and earning those wages had the accident and injury not occurred. All of these expenses have a calculable value and are fairly easy to translate into a claim.

Pain and Suffering

Anything that has an impact on your livelihood and standard of living can also be claimed, though this is more challenging to place a monetary value on. Since it cannot be simply translated into money, you may have a more difficult time getting compensated for it. That doesn’t mean it isn’t worth fighting for, though. The goal of a settlement is to get your life back to where it was before the accident.

It isn’t uncommon to run into problems with insurance companies who want to settle for far less than you need or not pay at all. Talk with a lawyer, like a car accident lawyer from Johnston Martineau, PLLP, if you have trouble to see what you can do to get the most out of your settlement.