How Much Is a Car Accident Claim Worth?

The blue lights are no longer flashing, and the sirens are quiet. The cars have been towed away and the glass swept to the gutter. In the aftermath of a serious car accident, a lot of worries come later.

Financial concerns are a big part of the equation. The loss column adds up quickly – medical bills, time off work, a damaged or totaled vehicle, and the possibility of future expenses from injuries and other suffering. If you’re wondering how you’ll get back on your feet financially, you’re not alone.

Typical Car Accident Settlement Amount in Wisconsin

Settlement amounts can range from a few thousand dollars to several hundred thousand dollars (sometimes millions) for more severe cases.

No fixed or average settlement amount applies universally to car accident claims in Wisconsin. Determining how much a car accident claim is worth depends on factors including the severity of injuries, property damage, medical expenses, and lost wages. That may also include potential future expenses from injuries and time off work, and pain and suffering resulting from injuries.

However, some studies have found that the median amount in the U.S. is around $15,000 – $20,000, when it comes to auto accidents. That said, the results can vary significantly.

Won’t Car Insurance Pay My Claim? Why Do I Need a Lawyer?

After a car accident, most people figure the process is simple. Just file a personal injury claim with your insurance company. However, investigating and evaluating a car accident can be complex. A personal injury lawyer is an important ally in your corner, especially when a crash involves significant injuries, disputes over liability, or multiple parties involved.

Typically, insurance companies start the claims process by reviewing your estimate of what it will cost to repair your vehicle. Depending on your coverage, you may be reimbursed for those costs after you pay a deductible.

If the repair costs are too high, then the insurance company might total your vehicle, in which case you could recover compensation for its current market value. This also depends on your policy and coverage. But insurance companies often minimize payouts to protect their bottom line.

A lawyer can negotiate with the insurance company to maximize your compensation, including for damages not covered by your policy, like pain and suffering.

Additionally, an attorney can help you navigate your own insurance policy’s uninsured/underinsured motorist coverage after an accident with an uninsured or underinsured or hit-and-run at-fault driver.

A lawyer can investigate the accident, gather evidence, interview witnesses, and work with accident reconstruction experts if necessary to determine liability. This is particularly important in states with comparative negligence laws.

Wisconsin follows a modified comparative negligence rule, meaning that if you are partially at fault for the accident, you can still recover damages, but your award may decrease by the percentage of fault assigned to you. If you are 51 percent or more at fault, you may not recover compensation.

When estimating how much a car accident claim is worth, a lawyer will work with healthcare providers to ensure your medical bills are appropriately handled and factored into your compensation. They can also calculate future medical costs and the potential long-term effects of your injuries.

An experienced car accident attorney knows injury-related expenses may continue to affect you for weeks, months, or years after a serious accident.

One of the most important things to remember when pursuing a car accident claim is that there are deadlines and legal requirements that must be met. For example, in Wisconsin, plaintiffs must file personal injury claims within three years of the injury.

The statute of limitations is the clear and defined timeframe for bringing legal claims. After the statute of limitations has expired, the claim cannot be pursued in court. An attorney can guide you to avoid these errors.

Most car accident claims settle, but if your case goes to court, hire an attorney. They will represent you in court, present evidence, and argue on your behalf, protecting your rights throughout the legal process.

What Type of Compensation Could I Expect by Filing a Claim?

To determine what type of damages you can file for in your car accident claim, your lawyer will start by establishing fault. During an investigation of the car crash, your legal team will collect evidence like police reports, witness statements, driver statements, and any photographs and videos from the accident scene.

Lawyers also assess whether any of the parties involved violated any traffic laws or regulations. Violations can be strong indicators of fault.

In complex cases, lawyers may work with engineering or accident reconstruction experts. These experts use scientific principles to recreate the accident and determine factors like speed, braking, and vehicle positions at the time of the collision. Their expertise can establish liability.

Once you establish liability, your lawyer may file a claim usually seeking specific damages and general damages. In some cases, car accident lawyers will also file for punitive damages.

Calculating Damages for Pain and Suffering

Lawyers typically use one of two methods to calculate pain and suffering in a car accident claim.

1. Multiplier method: This method involves multiplying the total economic damages (medical expenses, lost wages, etc.) by a certain factor.
2. Per diem method: With this approach, your lawyer assigns a daily rate to your pain and suffering, often based on the nature and extent of your injuries. They then multiply this daily rate by the number of days you’ve suffered and are expected to suffer in the future.

There’s no fixed formula for calculating pain and suffering, and the approach used can vary depending on the circumstances of the case, the jurisdiction, and legal precedents. Lawyers may also consider factors like the impact of the injuries on your daily life, the degree of pain experienced, and the long-term consequences when determining the appropriate amount.

Calculating Damages for Future Expenses and Losses

Calculating future expenses and losses requires a thorough understanding of both legal principles and the specific details of your case.

Here’s an overview of how lawyers typically calculate these future costs in key areas:

• Medical expenses: Your attorney will work with medical experts to assess the extent of your injuries and estimate future medical needs. This may include ongoing treatment, surgeries, therapy, and medication. They will consider the anticipated cost of these treatments and adjust for inflation over time.
• Lost earnings: If your injuries prevent you from working or limit your future earning capacity, your lawyer will calculate the potential income you would have earned if not for the accident. They may consult vocational experts to determine the impact of your injuries on your ability to work and your earning potential.
• Pain and suffering: To estimate future pain and suffering, your lawyer may consider the severity of your injuries, the prognosis provided by medical experts, and the impact of your injuries on your quality of life. They will also factor in how long you expect to endure pain and suffering.

In cases of severe injury, your lawyer may collaborate with life care planners. These experts create detailed plans outlining the ongoing medical care, assistive devices, and other necessities you’ll need in the future.

Lawyers also typically account for inflation and the time value of money when calculating future expenses and losses. They may use financial experts to determine appropriate adjustments and present-day values for future costs.

Lawyers will also usually check to see if there is a legal precedent for your claim, a previous case, or cases with similar circumstances to gauge how courts have awarded future expenses and losses. This can help establish a reasonable estimate.

Learn More by Connecting With Our Office

Were you injured in a car accident in Wisconsin? Understanding the legal process and evaluating your claim can be challenging. Seeking professional guidance can help ensure your rights are protected and you receive fair compensation for your injuries.

Experienced professionals can assess your case, provide an estimate of its value, and work to represent your best interests. With offices in Baraboo, Eau Claire, and Madison, we offer assistance across Wisconsin.

For more information or to discuss your case, consider requesting a case evaluation.