Court cases are complex creatures, and cases arising from car accidents are no less complicated. It’s important to have a good understanding of the different concerns that can impact how much compensation you might receive. Please read this blog post thoroughly to learn about the four main topics that will impact the value of your car accident claim, and do not hesitate to call a knowledgeable Essex County car accident lawyer. Together you’ll prepare to get the biggest possible compensation.
First Impact on the Value of Your Car Accident Claim: How Severe Your Injury Is
As you might imagine, one of the biggest impacts on your claim value will be the severity of your injury. Car accidents are known to cause brain, leg, arm, and spinal cord injuries, among other kinds of harm. Since compensation is meant to make you whole after you experience an accident, it stands to reason that the more severe your accident, the greater the compensation you may receive.
Similarly, claimants who emerge from an accident with permanent injuries may receive more in compensation. The rationale here is that more extensive injuries require more medical care, which means more bills for the claimant as well as longer-term pain and suffering. By comparison, claimants with temporary injuries like whiplash may completely recover sooner.
Second Impact on Your Claim: How Thorough Your Records Are
One of the most important things you can do to help your case and your attorney is to keep thorough records. Medical records, in particular, can support your claims regarding your injuries. Records like old pay stubs may be used to prove financial damages in the form of lost wages.
You are also responsible for seeking out records, which can involve getting medical treatment as soon as you can. A doctor’s diagnosis can strongly link your injuries to the accident. On the other hand, the absence of medical records can lead your insurance company to argue that your injuries aren’t linked to the accident or are exaggerated, so that the company can offer lower settlement offers
Third Impact on Your Claim: How Much You or the Other Driver Was at Fault
In some states, the at-fault party must pay for the compensation of the other party. This is not so in New Jersey, because New Jersey is a no-fault state. Instead, both parties will file with their own insurance. However, you’ll still need to identify to your insurance company which of the parties caused the accident. Accident reports and surveillance footage are two of the many kinds of proof that you can use.
If it turns out that your own actions contributed to the accident, that will also affect your compensation, because New Jersey recognizes comparative negligence. The comparative negligence doctrine allows you to get compensation only when you are less negligent than the other party. And what compensation you do receive will be reduced by whatever percentage you were at fault.