Varying hardships requiring short or long-term recovery periods can stem from enduring a car accident. Typically, car collisions occur due to different factors, including another’s negligent acts behind the wheel of a car. In compensating for the costs and financial damages related to an accident, many injured parties are eligible to file a claim and receive monetary compensation. If this is your case, you may question the value of your claim or can benefit from learning the process of determining a claim’s value.
There is no one size fits all solution to car accident claim settlements, and hiring an experienced car accident attorney at Hollis Law Firm may help you determine the compensable damages that may help you recover. Our legal team also works diligently to try and negotiate with the liable party’s insurance company and ensure that you receive the total compensation you deserve.
Factors That Contribute to Determining the Value of a Car Accident Claim
Car crashes occur for different reasons and can vary in severity. When it comes to car accident settlements and determining the value of a claim, many factors can influence the result of a settlement.
Factors that may influence the compensation in a car accident settlement:
- Insurance coverage
- Severity of injury
- Medical bills and expenses
- Lost wages
- Physical impairment or permanent damage
- Varying compensable damages
In addition to injuries and losses, liability and insurance coverage are two essential factors to consider in a claim. In Kansas, the comparative negligence system determines the compensation one may pursue after being injured in an accident based on a percentage of negligence. If both parties or multiple parties share a percentage of negligence, the injured party may only pursue compensation if they are 49% or less liable for the accident.
Suppose a negligent party is uninsured or the coverage policy is not enough to compensate for the amount of damage and injuries one sustained. In that case, the claim may be affected in a lawsuit. In Kansas, a no-fault auto insurance state, you may have to count on your insurance to cover expenses. However, hiring an experienced legal team often helps many car accident victims recover the costs of losses and varying damages through a lawsuit and skillful negotiation from an injury attorney.
How Is the Settlement of a Car Accident Claim Calculated?
If you have been in an accident caused by another driver and are eligible to pursue compensation, it is essential to understand car accident settlements and how compensable damages are calculated. Many injured parties benefit from consulting with a personal injury attorney to determine compensable damages and the value of a claim. Instead of handling a case independently, you may benefit from experienced and honest legal advice when handling a claim.
Calculating Different Types of Compensable Damages
In every car collision, injured parties may endure a range of short and long-term injuries. Additionally, car accident victims experience life changes in their jobs, responsibilities, everyday life, and other aspects resulting from the adverse effects of a car crash. Generally, compensable damages are broken into categories, which can be quantifiable or non-quantifiable. However, establishing fault in a personal injury claim and seeking help from an attorney may help you receive compensation.
Types of compensable damages from a car accident:
- Non-economic damages: Damages such as pain and suffering, emotional distress, disability, inconvenience, and other non-monetary losses can cause a challenge when calculating and reaching a settlement.
- Economic damages: Quantifiable losses such as medical expenses, loss of wages, and future estimated expenses for accident-related injuries and effects.
In cases of permanent damage, paralysis, or fatal collisions, a skilled attorney may help determine the value of a claim. Also, filing a wrongful death claim may be an option for eligible family members of a deceased car accident victim. With an attorney on your case, you may avoid common mistakes when speaking with insurance companies and other representatives of the liable party.
What Is the Value of My Car Accident Claim in Kansas?
If you have been injured in a car accident and live in Kansas, it may be challenging to determine the value of your claim. Since Kansas has limitations on certain types of compensation and your claim may be affected by different factors, consulting with an attorney that specializes in personal injury and is on your side may help you feel more at ease while filing a claim or pursuing a lawsuit.
Caps and Limitations in Car Accident Claim Settlements
In Kansas, injured parties can file a claim against the liable party when the damages and effects greatly exceed coverage options. However, non-economic damages are limited by caps placed by the law.
Caps for non-economic damages:
- For injuries that occurred on or after July 1, 2018, and before July 1, 2022, compensation is capped at $325,000.
- For injuries that occurred on or after July 1, 2022, compensation is capped at $350,000.
In addition to caps, other limitations may apply in some cases. Under Kansas Statutes 60-513, injured people have a two-year limitation to file a claim against the party responsible for causing the accident. If a child is injured in a car collision, there is an exception to the statutory period, and they are eligible to file an injury claim up to one year after their eighteenth birthday. Failing to file a claim within the statutory period can influence the value or eligibility of a claim.
Hollis Law Firm May Help You Recover the Compensatory Damages You Are Eligible to Receive
If you have recently suffered injuries due to an accident, you may wonder if you have a case, and the value of your claim may be for compensation. With a skilled and experienced attorney on your case, you can rest assured your claim is valued honestly and inclusive of the damages you may be eligible to receive.
At Hollis Law Firm, we understand not all cases are alike, and every injured individual suffers and endures unique challenges after a car crash caused by another driver. To schedule a case review and to determine the next best steps after an accident, complete a contact form or give us a call at (800) 701-3672.