After an Athens car accident, you can find yourself facing steep expenses. You have medical bills from your injuries and you’re losing money from the time you missed from work. And then there’s the impact of the accident and your injuries on you and your family, which the law calls pain and suffering. What to do? You can recover compensation from a personal injury case.
As a personal injury lawyer, one of the most common questions I’m asked is “What is my case worth?” It’s ultimately up to a jury to decide that. But most cases settle before trial.
Let’s discuss some of the factors that go into determining this.
First, and most importantly, what are your injuries? If you have serious injuries such as a broken bone, surgery, or worse, your case may be worth a significant amount. If you are fortunately not badly injured, you are still entitled to compensation but your case is worth less.
Second, what are your medical bills and lost income? The allows you to recover medical bills and time missed from work due to the accident and your injuries.
Third, how much insurance is there to cover your injuries? Most verdicts and settlements are paid by insurance companies so your verdict/settlement may be limited by the amount of insurance. The first place to look is the other driver’s insurance, followed by your uninsured/underinsured motorist coverage.
Fourth, is the other driver clearly at fault for the accident or is there a dispute? If the jury finds you partially at fault, your verdict is reduced by the percentage of fault the jury gives you. For instance, if the verdict is $100 and the jury finds you 20% at fault, the verdict is reduced to $80. Or if the verdict is $100 and the jury finds you 40% at fault, the verdict is reduced to $60. But if the jury finds you 50% at fault or greater, you lose the case.
Fifth, where will the lawsuit be filed? Georgia law usually requires you to file a lawsuit in the county where the person lives or a business is based, though there are exceptions. Some counties are good places to try a case and some counties are not. If your lawsuit will be filed in a county that is a good place to try a case, your case may be worth more. While a strong case is a strong case in any country, juries in different countries sometimes have very different opinions on how people should be compensated in personal injury cases. A jury in Athens-Clarke County will probably have a different idea than an Oconee County jury of what a fair verdict is.
Sixth, who is the defendant in your case, a person or business? Juries are sometimes reluctant to return significant verdicts against a person because they don’t know how much insurance the person has and are concerned about the financial impact on them. On the other hand, juries are usually more comfortable returning significant verdicts against businesses and corporations because they assume they have insurance to pay for it.
Seventh, are there any aggravating factors such as DUI, hit and run, or refusing to admit responsibility when they are clearly at fault? Most car accidents are just that, accidents. When a person admits they are at fault for the wreck and takes full responsibility, juries may feel sympathy for them and return a lower verdict. But when a person is driving under the influence, leaves the scene of an accident,t or fails to accept responsibility when a wreck is their fault, the jury can get angry and return a higher verdict than normal.
Eighth, does your lawyer have the reputation and experience of preparing cases for trial and trying cases? Insurance companies and defense lawyers know which lawyers will go the distance to prepare a case for trial and take it to trial and the lawyers will not. (hint hint: billboard and TV lawyers do not) These lawyers often get better settlement offers than lawyers who do not try cases.
Work with an Experienced Athens Personal Injury Lawyer
Every car accident case is different and the best way to get an understanding of the value of your case is to speak with an experienced Athens Car Accident Lawyer. Please Contact Ruppersburg Injury & Accident Attorneys today to set up your free consultation. We offer free consultations and there is no fee unless we win a verdict or settlement.