As experienced personal injury attorneys at Foster Wallace, LLC, we are frequently asked one significant question by our clients: "What's my Kansas City car accident case worth?"
Factors to Consider in a Kansas City Car Wreck Case
It is a complex question with an answer that varies from case to case. However, we can offer insight into the factors that influence the value of your car accident claim and how you might calculate potential compensation. If this question is asked early on in the case (like in the initial consultation), we always tell the client or potential client, it is impossible to know because we typically do not know the full extent of the injuries (sometimes injuries take time to manifest) nor do we know how much insurance coverage or assets the at-fault party has but once we are able to investigate and understand all the injuries, we can provide the client a more realistic opinion on the case value of the case. The following factors can go in to considering what a Kansas City car wreck case is worth:
One of the most significant components of a car accident claim is medical expenses. This includes the cost of ambulance rides, emergency room visits, hospital stays, surgeries, medication, physical therapy, and any other medical treatments necessary due to injuries sustained in the accident. Future medical costs, such as ongoing treatments or surgeries, should also be considered.
Loss of Earnings
If your injuries forced you to miss work, you could claim compensation for lost wages. Additionally, if your ability to earn in the future has been affected due to the accident, you may be entitled to recover for loss of future earning capacity.\
Car accidents often result in significant vehicle damage. You're entitled to compensation for repairing or replacing your vehicle and any other personal property damaged in the accident. Typically, the more property damage, the higher settlement as it shows how bad the car wreck really was.
Pain and Suffering
Beyond the tangible costs, you’re also entitled to compensation for non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages can be more challenging to quantify, but they are nonetheless an integral part of your car accident claim.
Defendant’s Insurance Policy or our Client’s Underinsured or Uninsured Motorist Policy
A very important factor is how much insurance the other driver carried. We have seen people die in wrecks where there was only minimum insurance coverage. You cannot get money from someone who has no money or no insurance. It is critical that the defendant had assets or sufficient insurance to pay the damages sustained. If the defendant did not have insurance or had little coverage, we would have to turn to our own client’s insurance policy and determine whether they had underinsured or uninsured motorist coverage and those limits.
If the defendant’s actions in the wreck were very egregious (like running through a red light while texting) or the defendant was on the job at the time of the wreck can also impact the value of the case. It is typically better to have a company rather than an individual be a defendant.
How Foster Wallace, LLC Can Help
At Foster Wallace, LLC, we understand the numerous factors that play into determining the value of a car accident claim. Our Kansas City personal injury attorneys use their extensive knowledge and experience to accurately assess your situation and seek the maximum compensation you deserve. We take the time to understand your unique circumstances, collecting all necessary information and evidence, negotiating with insurance companies, and if necessary, representing you in court.
The value of a Kansas City car accident case varies widely based on the specifics of the accident and the individuals involved. While it is impossible to provide a one-size-fits-all estimate, you can begin to understand potential compensation by considering the factors discussed above.