How Do Courts Decide How Much Someone Would Get For Their Auto Accident?

How much someone will recover for their accident depends on a number of factors, such as how the accident happened, whether they partially caused the accident, whether they were wearing their seatbelt and whether they were speeding and whether there was anything the person could have done to avoid the accident or the injuries. If they could have moved out of the way but did not or if they chose not to wear a seatbelt, the value of the claim may be reduced.

For us, we will also look at damages, including the extent of their injuries and their course of medical care with a doctor, as well as the amount of insurance is available from the other side. Once we have that information, as well as all of the available evidence, we will file a claim with the insurance carrier, which will then make a settlement offer.

The person then has to decide if the settlement offer was fair and, if it wasn’t, decide whether or not to file a lawsuit. If that happens, they would then have to present their case to a jury, who will ultimately determine the value of the claim, taking into account all of the facts of the case, as well as the damages they suffered, the pain and suffering and everything else, to determine the value of the claim. Insurance companies base the value of the claims on what juries would generally have awarded in that specific geographic area; a claim in South Florida is worth something entirely different than a claim in Idaho because people in Idaho think about pain and suffering and damages differently than people in South Florida.

Contact the Offices of David M. Benenfeld before you go to court. We can provide legal representation and make sure you get the compensation you deserve.