If you’ve been in a car accident and you believe someone else caused your injuries, you can sue them by filing a personal injury lawsuit. The first step in filing a claim is writing a demand letter to the defendant outlining the details of your case.
You should explain to the defendant that you have evidence to prove negligence against them and describe all the damages you’ve suffered. You should also let the defendant know how much money you plan to recover. To calculate your claim, you need to consider all the ways your accident has affected you. If you need help, a car accident lawyer can help you learn more.
Add Up Your Financial Losses
One of the most prominent parts of a car accident claim is your economic damages. Your economic damages comprise any financial losses you’ve suffered because of your accident.
Medical expenses can accumulate quickly, so it’s important you include these in your claim. You can also include future medical expenses in your case if your injury is severe. Other financial losses you may experience include property damages and lost income from missing work.
Determine the Value of Your Intangible Losses
One of the more difficult parts of calculating your claim is trying to determine the value of your intangible losses. Your accident claim can affect your lifestyle and your attorney may have strategies for how to monetize damages such as pain and suffering, emotional distress, and scarring and disfigurement. There’s no specific calculation for these non-economic damages.
Assess Whether Punitive Damages Are Suitable in Your Case
If you were injured in an accident involving blatant negligence, it’s possible that you can recover punitive damages in your car accident claim. A judge is the only one who can award punitive damages, and the judge will only award these damages when the defendant deserves punishment. If you were injured because the defendant was driving under the influence, you may receive punitive damages.
How to Calculate Your Claim if You Shared Fault
If you shared fault in causing your car accident, you can still file a claim in many states. If your state has a comparative negligence law in place, then you can file a claim and sue the other liable party in your wreck. The judge will calculate your percentage of fault and deduct this percentage from your overall claim value. For example, if you’re 20 percent at fault for your wreck and your settlement is $100,000, then you’ll receive $80,000.
There are many factors involved in calculating a car accident claim. Once you take the time to assess the laws in your state and the damages you’ve suffered, putting together your claim becomes easier. As long as you have an eye for detail and you practice patience, you can maximize your settlement.