When asking this question, it's important to note that each and every car accident case is different. The value of your case is specific to YOU. There are, however, numerous considerations that factor into the value of your case:
1.) Fault/negligence: Firstly, you must prove someone else was negligent in order to recover. Delaware is a comparative fault state; meaning you can recover damages even if you are partially (not more than 50%) at fault. However, your recovery will be reduced by the percentage of fault.
2.) Insurance coverage: The next question to ask your attorney is whether the negligent party has insurance to cover the accident, and if so, how much coverage is applicable to your claim.
3.) Damages: The nature and extent of your injuries as well as the treatment you receive for those injuries will drive the value of your case; therefore, it is important to seek medical treatment and document your injuries with your physicians.
4.) Medical bills/lost wages incurred: If as a result of your accident, you incur lost wages and/or medical expenses, your Personal Injury Protection (PIP) on YOUR insurance policy is responsible for paying for these expenses. If you incur expenses in excess of your PIP coverage, you may be entitled to reimbursement.
5.) Overall pain and suffering: How did your injuries affect and/or disrupt your life? This will be considered when discussing the resolution of your claim with the negligent party’s insurance company.
Every individual is affected differently following a collision. It is important to ensure that you are properly documenting your injuries and working with an attorney who can best advocate for your case.
If you have any questions or have been injured in an auto accident, reach out to an attorney at Kimmel Carter at 302-565-6100 for a free legal consultation.
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