Legal Guide
There’s no universal formula for case value. Instead, insurers and juries look at a set of core factors—your medical bills and records, lost income, pain and suffering, fault rules in your state, insurance limits, venue, and the strength of your evidence. This guide explains each factor and how to protect your claim.
Settlements primarily aim to compensate you for losses caused by the crash. Economic damages include medical bills, therapy, prescriptions, mileage to appointments, lost wages, and out-of-pocket expenses. Non-economic damages compensate for pain and suffering, inconvenience, and loss of enjoyment of life.
Timely diagnosis and consistent treatment create a clear causal link between the crash and your injuries. Gaps in care or missed follow-ups can lower offers. Keep copies of bills, records, imaging, and provider notes.
Big-picture context: crash injuries impose huge, trackable costs in the U.S., including medical care and productivity losses.
Missed work, reduced hours, or a job change because of your injuries are compensable. In more serious cases, experts may quantify future lost earning capacity.
Fault rules vary by state. In comparative negligence states, your award is reduced by your percentage of fault. In a few contributory negligence jurisdictions, being even slightly at fault can bar recovery.
Example:
If your case is worth $100,000 but you are found 20% at fault in a comparative negligence state, a typical result is a reduction to $80,000.
The at-fault driver’s liability coverage (and your UM/UIM coverage) can cap recovery in practical terms. Severe injury cases often exceed bare-minimum limits.
Outcomes vary by location and by how clearly the evidence tells your story—police reports, scene photos, EDR/dashcam data, witness statements, and medical experts all matter.
Punitive damages punish especially reckless or intentional conduct. They are uncommon and typically require a higher showing than negligence.
Most cases focus on compensatory damages—making you whole.
Most injury lawyers work on a contingency fee: the fee is a percentage of the recovery and is paid only if the case is successful. Exact percentages and cost handling vary by state and firm—ask during your consultation.
Adjusters often use software and historical verdict/settlement data to benchmark offers. The most persuasive cases have consistent treatment, clear liability, well-organized documents, and credible witnesses and experts.
Quick math example (illustrative only):
