If you suffered an injury as a passenger following a car crash, you may wonder how much compensation you can receive for your injuries.
Passengers are nearly always innocent of any wrongdoing following a motor vehicle collision, yet they often suffer from the most catastrophic injuries.
The unexpected and serious nature of these injuries can take a devastating physical, financial, emotional, and spiritual toll on innocent passengers.
The good news is that a Federal Way car accident attorney is ready to oversee the legal process and fight for the compensation you deserve. Don't hesitate to contact a trusted legal professional for a free car accident consultation. Time is often short in these cases, so act today and learn about your legal rights to compensation.
Catastrophic Car Crash Injuries Often Suffered by Passengers
Car accidents can result in devastating injuries, especially for passengers who have little control over the situation. Catastrophic injuries are unfortunately common in these accidents and can cause long-term physical, emotional, and financial hardships.
Passengers may suffer injuries such as traumatic brain injuries, spinal cord injuries, broken bones, internal bleeding, and severe burns.
Painful whiplash, shoulder injuries from seatbelts, airbag injuries, and knee damage are also common. These injuries can lead to extensive medical treatments, rehabilitation, and even permanent disabilities.
As a passenger, you can seek compensation for these medical conditions and associated damages from all negligent drivers.
In some cases, passengers are the innocent victims of fatal crashes or eventually die because of their injuries. A car accident lawyer can represent eligible family members in filing a wrongful death claim in such cases.
Factors Contributing to the Value of Car Accident Injury Claims
The value of passenger injury cases varies depending on several factors. The specific facts of your claim, including the nature of your injuries, pre-existing conditions, and pre-accident income, all contribute to the calculation.
A lawyer can explain these factors and provide a realistic expectation of the compensation you may deserve. Only a qualified personal injury attorney should estimate how much your case is worth.
Severity of injuries
The extent and severity of your injuries play a significant role in determining the value of your claim. More severe injuries may require extensive medical treatment and have a higher impact on your life, resulting in higher compensation. The extent of your injuries, and not the crash itself, determines the value of your overall car accident claim.
Medical expenses
The medical related to your injuries, including hospital bills, surgeries, rehabilitation, and future medical costs, are important in calculating your claim’s value.
Lost earnings
If your injuries prevent you from working or result in lost income, you may be entitled to compensation for lost earnings and the potential future income you may miss out on due to long-term impairments. Lost income compensation may also include the value of lost retirement and health benefits, as well as the value of lost promotions.
Pain and suffering
Car accidents can cause significant physical pain and emotional distress. Compensation for pain and suffering is often calculated based on the severity and duration of your suffering, along with your pre-injury lifestyle.
Pain and suffering include the lost enjoyment of prior physical activities, such as painting or running, and depression often associated with lost employment and severe scarring.
Property damage
The value of your claim may include compensation for any damage to your personal belongings, such as clothing or electronic devices, from the accident.
A car accident injury lawyer can best explain the realistic value of your claim, which often increases as you continue seeking medical treatment.
Understanding Auto Insurance Laws and Limits in Passenger Injury Cases
In many states, drivers must carry auto insurance with minimum liability limits. These insurance policies provide coverage to injury victims, including passengers, in the event of a car accident.
The compensation you can receive from insurance may depend on policy limits and the extent of your damages. These limits depend on vehicle type (passenger, commercial, public, or active rideshare) and driver preference.
For example, the minimum coverage limits for drivers in Washington state are:
- $25,000 per individual and
- $50,000 per accident (RCW 46.29.090)
This means you might only recover $25,000 from a liable driver’s insurer, leaving you to obtain your remaining damages directly from the driver or through your personal underinsured motorist coverage.
A car accident lawyer will consider these realistic financial barriers in estimating the value of your case.
When a car accident injures multiple passengers, such as in a rideshare vehicle, all the injured individuals may need to divide the available insurance coverage. Work with a car accident attorney who understands these complex insurance claims and will protect your rights before available funds are depleted.
Determining Liability After Multi-Vehicle Collisions
In multi-vehicle collisions, determining liability can be challenging. Several parties may share responsibility for the accident, including multiple drivers, vehicle manufacturers, or even government entities responsible for road maintenance.
Establishing liability can secure adequate compensation for your injuries.
Passenger injury cases are unique in that there might be two liable parties: the driver of the vehicle you were in and another driver. For example, if you were a passenger in a two-car accident and both drivers were negligent, you might seek compensation from both drivers’ insurance companies. This increases the insurance coverage available.
Your lawyer will thoroughly investigate the accident to determine the fault of each driver and develop a strong legal strategy to maximize your compensation.
This investigation includes gathering evidence, interviewing witnesses, and analyzing police reports to determine fault.
Your attorney should work diligently to hold all responsible parties accountable for their negligent actions and fight for your rights as an innocent passenger.
Types of Money Damages Available to Eligible Claimants After Car Accidents
If you were an injured passenger in a car crash, you may seek monetary damages from the proper insurance companies.
These damages compensate you for your physical, emotional, and financial losses.
- Economic damages: Economic damages cover the tangible losses you incur, such as medical expenses, lost income, loss of future earning capacity, and property damage. They might even cover household help and lost business opportunities.
- Non-economic damages: Non-economic damages compensate you for intangible losses, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
- Punitive damages: In rare cases involving extreme negligence, recklessness, or intentional misconduct, the court may award punitive damages. Though rarely available in car accident cases, drunk or otherwise reckless driving might result in a punitive damage award.
Damages should put the injured passenger back in the position they would have occupied if the accident had not occurred. Though this is often impossible after a catastrophic car accident injury, your car accident lawyer should consider all your physical, emotional, and financial needs before making financial demands.
Factors When Determining Compensatory Damages for Medical Expenses and Lost Income
Insurers consider several factors when calculating compensatory damages for medical expenses and lost earnings.
These factors help determine a fair and reasonable amount of compensation that adequately reflects your financial losses.
- Past and future medical expenses: Courts consider the cost of all necessary medical treatments, such as surgeries, hospital stays, medications, physical therapy, and assistive devices. This includes future anticipated expenses, which your lawyer may hire an expert medical witness to calculate on your behalf. Most car accident claims are settled before clients finish treatment for their injuries, so it’s important to account for future expenses.
- Lost income and loss of earning capacity: Your personal injury lawyer will evaluate the income you have lost due to your injuries, including past and potential future earnings.
- Prognosis and long-term care needs: If your injuries require ongoing medical care, your attorney will work with medical experts to determine your estimated future medical expenses and the assistance you may need in the long term.
Keeping thorough records of your medical treatments, bills, and communication with healthcare providers and employers is essential in substantiating your claim.
You need a compassionate car accident lawyer who understands the stress of recovering from your injuries while also building a claim. Your legal team should handle all administrative matters on your behalf while you focus on recovering.
Calculating the Overall Value of Motor Vehicle Crash Claims
Calculating the overall value of a passenger injury claim involves considering all the damages mentioned earlier, including medical expenses, lost earnings, pain and suffering, and any other applicable damages.
It also thoroughly analyzes the case’s realistic value based on available insurance coverage. Each case is unique, and the value of your claim will depend on your specific circumstances and the extent of your damages.
In appropriate cases, a car accident lawyer will maximize your financial recovery by gathering evidence, assessing your losses, and working to negotiate a fair settlement or, if necessary, litigating your case in court.
The Benefits of Settling Car Accident Claims
Pursuing compensation after a car accident generally ends with two primary options: settling or going to trial.
Settling your car accident claim outside of court offers several benefits.
- Time-saving: Settling a claim can significantly reduce the amount of time it takes to receive compensation. Trials can be lengthy and time-consuming, whereas settlements can be reached through negotiation or mediation in a timelier manner.
- Cost-effective: A trial can involve substantial costs, including court and expert witness fees. Settling your claim can help you avoid these additional costs, thus increasing your overall financial award.
- Control over the outcome: By settling your claim, you have more control over the outcome. Trials leave the final decision in the hands of a judge or jury. Settling allows you to negotiate and agree on a resolution that you find acceptable.
- Privacy: Settlements are usually confidential, whereas trials are public proceedings. If you value privacy, you may prefer to settle your claim.
Your attorney will understand the stress often caused by lengthy trials and should consider what is best for their clients emotionally, not just financially. Reaching a fair settlement is often the better option after innocent passengers are injured in car crashes.
Understanding Attorneys' Fees and Costs in Personal Injury Cases
Car accident attorneys understand that the cost of legal representation can concern accident victims. That’s why reputable injury law firms work on a contingency fee basis in personal injury cases.
A contingency fee means you won’t pay any upfront fees or out-of-pocket expenses for their legal services. They only get paid if they successfully recover compensation for you.
Their legal fee is typically a percentage of the total settlement or verdict, and they will discuss this with you during your free consultation.
Additionally, the firm will generally cover the costs of building your case, such as court filing fees, expert witness fees, and investigation expenses. These costs will come from your settlement or verdict amount if they successfully obtain compensation for you.
Consult a Car Accident Attorney
After a car accident, seek a car accident attorney's guidance and legal representation. While insurance companies may try to settle your case quickly and minimize your compensation, an experienced personal injury lawyer will fight to protect your rights and ensure you receive the full compensation you deserve.
Don't hesitate to reach out and schedule a free consultation. They will guide you through the legal process and work tirelessly to advocate for your interests, allowing you to focus on your recovery and get the compensation you deserve. You have nothing to lose by acting today.
Chong H. Ye
Managing Partner
Chong H. Ye is a Federal Way, WA personal injury trial lawyer who understands that when clients come to him with their legal matter, they need his experience and his readiness to fight the insurance companies on their behalf.
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