How Much Money Is My Car Accident Case Worth?
After a car accident, many times clients have the same question: how much money is my car accident case worth? In order to explain the dollar value of a case, it is necessary to discuss how fault and money damages are calculated.
Calculating money damages requires looking at the car accident in terms of who was at fault (negligence), to what extent each driver was at fault (comparative negligence), and what amount of money it will take to make the other party whole (damages). In reference to damages there are two types, bodily injury damages and property damages. The determination of bodily injury and property damages are discussed here. However, for more specific information regarding property damages see our page on Property Damages.
In order for someone to be liable for injuries suffered in a car accident, they must first be found negligent. Negligence is simply a failure to act reasonably and that failure has caused injury. Car accident lawyers will speak of negligence by saying that the other driver has breached a duty owed to you in some way and because of that breach you suffered injuries. For example, if someone ran a red light or was driving at an excessive speed then they are not acting reasonably and the other driver breached their duty to drive in a safe and lawful manner.
Plaintiff’s Burden Of Proof In A Car Accident Case
Sometimes the facts of a car accident case are not always clear. Often people are severely injured or dead, there may be very few witnesses or their stories may conflict. However, it is not necessary to prove a case beyond all reasonable doubts. Instead, like almost all civil lawsuit matters, liability must be proved by a preponderance of the evidence. In other words, the Plaintiff has the burden of proof at trial, and must prove the case by the preponderance of the evidence. Preponderance of the evidence simply means “more likely than not based upon the credible evidence.”
It is improper for the jury to hold a Plaintiff to a higher standard of proof than preponderance of the evidence. However, despite clear instructions from the lawyers and the Judge, many times, jurors incorrectly fail to find in favor of the Plaintiff because they were not “sure” of the facts or they were not “convinced” that the defendant was at fault. In those instances, it is clear that the Plaintiff did not receive a fair trial by the Rules because the jury failed or refused to follow instructions. There is no rule that says that they must be “sure” or “convinced”. Rather, they must only think that the facts are “more likely than not” or a 51% chance that the facts are the way Plaintiff says and the defendant is at fault. Many times, jurors apply a harder burden of proof due to subconscious bias and ignorance, instead of flat out defiance of the law. This is why it is absolutely critical that the car accident lawyer begin education of the correct burden of proof as early as possible and continue to explain it all through the trial and also ask the Judge to remind the jury of the correct burden again before they go to deliberate the case. It is sometimes very difficult to get jurors to abandon what they themselves personally believe that the burden of proof should be and instead follow the law. However, justice requires that the Jurors follow the law.
The defendant in a car accident lawsuit will only have to pay based upon the percentage that he or she is at fault. If the jury thinks that the defendant was, for example, 80% at fault, then he would only have to pay for 80% of the damages. The jury questions regarding who was at fault are as follows:
Question 1
Did the negligence, if any, of those named below proximately cause the occurrence or injury in question?
Answer yes or no for each of the following:
- Plaintiff ___________
- Defendant ___________
Often the question of who was at fault can be difficult to determine. For instance, if the answer to the question above is yes for both the Plaintiff and the Defendant it would mean that both the Plaintiff and the Defendant were negligent in some way. When this is the case, damages are determined according to the percentage each party is at fault. Again the following adaptation from the Texas Pattern Jury Charge is helpful.
If you answered yes to Question 1 for more than one of those named below, then answer the following question. Otherwise, do not answer the following question.
Assign percentages of responsibility only to those you found caused or contributed to cause the occurrence or injury. The percentage you find must total 100 percent.
Question 2
For each person you found caused or contributed to cause the occurrence or injury, find the percentage of responsibility attributable to each:
- Defendant _______________%
- Plaintiff _______________%
Total _____100_______%
Consider in the above example that the Defendant is found 75% at fault and the Plaintiff is found 25% at fault. In this case the defendant will only be liable for 75% of the Plaintiff’s damages and the Plaintiff will be responsible for 25% of their own damages. Notice that the existence of the Plaintiff’s own negligence will not prevent recovery, but merely reduce the amount of recovery the Plaintiff is entitled to. Once liability is established and in what proportion, then it is necessary to determine what damages there are and what amount will compensate the injured party.
The jury will be asked to consider the following elements of damages: physical pain and mental anguish, loss of earnings capacity, disfigurement, physical impairment and medical expenses.
Physical pain and mental anguish are actually two different types of damages. Physical pain refers to actual pain suffered as a result of the injury. For example, broken bones or back pain. Mental anguish, a more subjective element, refers to mental suffering from anxiety, loss and depression tending to interrupt daily life. This can take the form of loss of sleep or lack of appetite not directly related to any physical injury.
Loss of earnings capacity means how much less can the person earn in the future due to the personal injury. For example, a college student who suffers brain injury in a car accident may not have a job, but we can assume they would have one after graduation. If the brain injury has affected their ability work after college in their expected field, then loss of earnings capacity in the future is part of their damages. The same is true for a tradesman who loses the use of their hand or has injured their back. Loss of earning capacity frequently is a relevant issue in a major car accident and truck accident lawsuit case.
Disfigurement and physical impairment are handled separately, but can be confused with each other. Disfigurement refers to the appearance of someone such as scaring or severe burns. On the other hand, physical impairment refers to the injuries crippling effect. For example, losing the ability to walk or grip things.
Finally, medical expenses are deceptively strait forward element. Medical expenses in the past refer to hospital bills, doctor’s visits, prescriptions and medical devices already sustained as a result of the injury. If a person had health insurance pay bills, the bills must nevertheless be recovered in full because the health insurance company will be entitled to reimbursement of what it paid. Many times, doctors will also pursue the Plaintiff to be re-paid for all of their bills after the case. Likewise if Workers Compensation paid for a person’s medical bills, they will have a right to be reimbursed for what they paid on the claim. In essence, past medical expenses will not usually go into the Plaintiff’s pocket.
Medical expenses in the future can be hotly contested matters. For instance, determination of how long a severely injured person will live or how positively that person will respond to treatment are difficult determine.
The various elements of damages are given a separate dollar amount with a separate amount determined for the past and in the future. Take the following pattern jury charge.
Question 3
What sum of money, if paid now in cash, would fairly and reasonably compensate Plaintiff for her injuries, if any that resulted from the occurrence in question?
Consider the elements of damages listed below and none other. Consider each element separately. Do not award any sum of money on any element if you have otherwise, under some other element, awarded a sum of money for the same loss. That is, do not compensate twice for the same loss, if any. Do not include interest on any amount of damages you find.
Answer separately, in dollars and cents, for damages, if any. Do not reduce the amounts, if any, in your answers because of negligence, if any of Plaintiff.
- Physical pain and mental anguish sustained in the past.
Answer: $______________
- Physical pain and mental anguish that, in reasonable probability, Plaintiff, will sustain in the future.
Answer: $______________
- Loss of earning capacity sustained in the past.
Answer: $______________
- Loss of earnings capacity that, in reasonable probability, Plaintiff will sustain in the future.
Answer: $______________
- Disfigurement sustained in the past.
Answer: $______________
- Disfigurement that, in reasonable probability, Plaintiff will sustain in the future.
Answer: $______________
- Physical impairment sustained in the past.
Answer: $______________
- Physical Impairment that, in reasonable probability, Plaintiff will sustain in the future.
Answer: $______________
- Medical care expenses incurred in the past.
Answer: $_______________
- Medical care expenses that, in reasonable probability, Plaintiff will incur in the future.
Answer: $_______________
The amount in each blank represents the total amount of the Plaintiff’s injury. If there is a determination of comparative fault (see Question 2 above), each amount will be multiplied by the percentage of fault and the Plaintiff will be awarded the sum equaled to the total amount multiplied by the Defendant’s percentage of fault.
For example, if the defendant is found 75% negligent and the Plaintiff’s past medical care was $1000.00 then the Defendant would be liable for $750.00 in past medical care. The same formula is applicable to each element of damage that the Plaintiff suffered.
Determination of damages can be complex. In many cases, there may be responsible third parties who are not part of the lawsuit or others who have settled early on in the case. Furthermore, many of the elements of damages are subjective and most people are not inclined to put dollar figures on damages like disfigurement and physical pain. To further complicate the matter, each element must compensate the injured for past injury and the projected cost to them in the future.
It is critical that persons injured in car and truck accidents hire a lawyer with an understanding of how to maximize damages in a case. Attorney Brian White has handled hundreds of car and truck accident lawsuits and works to ensure that his clients receive the most amount of money possible.
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- Dealing with Insurance Carriers
- Do you need an attorney after a car accident?
- How Much Money Is My Car Accident Case Worth?
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