How Much Money Can You Get From a Car Accident?

After a car accident, you can seek compensation for three primary types of damages: economic, non-economic, and punitive. Some types of compensation are actually subject to Arkansas tax. Here’s a walkthrough of each.

Economic Damages

Economic damages are the tangible, quantifiable losses you incurr because of your car accident. They’re easy to prove to an insurance adjuster or court and often include receipts, bills, pay stubs, and repair expenses.

The most common types of economic damages include:

• Hospital and medical bills
• Lost wages, income, and benefits
• Loss of future earnings
• Future medical care and long-term care expenses
• Physical therapy and rehabilitation expenses
• Property damage

Non-Economic Damages

Non-economic damages are more difficult to quantify but can be just as devastating as economic damages. The pain and suffering you endured have value, but how can you put a number on that value? Even more difficult, how can you prove that value to a jury or insurance adjuster?

This is why having an experienced team of injury attorneys is crucial. Your lawyers must gather evidence to show the insurance company and courts how the accident affected your entire life and potentially your future goals and plans.

Some examples of non-economic damages include:

• Pain and suffering
• Loss of companionship
• Loss of consortium
• Emotional distress
• PTSD

Punitive Damages

Punitive damages are rare in car accident cases. These damages punish the defendant for their actions and help to deter others from engaging in similar conduct. While not typical in car accident cases, they may be awarded in cases of extreme recklessness or malice.

When seeking compensation after a car crash, finding all liable parties is crucial because it will impact how much you receive.

For example, suppose you got into a car accident with a drunk driver who carried minimum insurance. The limits of their liability policy will put a cap on the amount of compensation you receive to pay for your medical expenses and damages. But what if the bar or establishment that served alcohol to the drunk driver is also liable? In this situation, you will likely be able to collect a significantly greater amount of money because the bar’s liability policy is significantly larger.

What If You’re Partially at Fault for the Accident?

If you share the blame for the accident, this will directly affect how much money you get from a car accident.

Some states follow a doctrine called contributory negligence. Under this doctrine, you cannot collect compensation if you are even 1% to blame for the crash. This harsh liability law makes it difficult to sue another driver after an accident.

Fortunately, Arkansas and Tennessee both follow the doctrine of modified comparative negligence. This means that you may still be eligible to recover some compensation, even if you are partially at fault for the accident. However, the amount you receive will be reduced depending on your share of the blame.

While the doctrine of modified comparative negligence is more lenient, you still won’t be able to recover any compensation from the other driver if you are found to be more than 50% at fault for the accident.

Proving Negligence: The Key to Compensation

For you to receive compensation in a personal injury case, your legal team will need to provide evidence and documentation to establish that the defendant acted negligently. The legal definition of negligence includes four elements:

• Duty of care: The at-fault driver owed you a duty of care. This means they had a legal obligation to drive safely and avoid causing an accident. All drivers have this duty.
• Breach of duty: The at-fault driver breached their duty of care by driving irresponsibly (speeding, driving drunk, running a red light, etc.).
• Causation: This reckless or irresponsible driving directly led to your injuries and damages.
• Damages: You suffered damages as a result of the accident. This can include medical expenses, lost wages, pain and suffering, and other losses.

Here are some specific examples of evidence and documentation that can be used to prove negligence in a personal injury case:

• Medical records
• Police reports
• Eyewitness statements
• Expert testimony
• Accident reconstruction teams
• Dashcam or video surveillance footage

After an accident, you should gather as much evidence and documentation as possible to help your personal injury attorney prove negligence. You can also strengthen your case by keeping an accurate journal of your recovery and the expenses you pay out-of-pocket after the crash.

Because some types of car accidents are characterized by greater degrees of recklessness, the exact cause of a car accident can significantly impact the amount of money the insurance company offers you in a settlement. Though speaking to an experienced injury lawyer is the only way to determine the full value of your car accident claim, here is some guidance on what you can expect.

No two injuries are the same. Each injury affects victims differently, depending on a wide range of factors. For example, a surgeon with a hand fracture may suffer significantly more long-term damage simply because the injury may prevent them from working in their chosen profession again. They will have extraordinary lost wages and loss of future earnings.

Once your attorney evaluates your case, you will better understand how much money your injury case is worth. The amount you receive depends on how significantly the injury affected your daily life and how it will continue to impact your future. Will you recover, or will you live with long-term disability? Will you be able to work again, or will you need long-term care services?

Here are some factors that might play into the value of your case.

To keep themselves profitable, insurance companies usually try to pay you as little as possible for your claim. However, even when they cooperate, they’ll only pay you up to the policy limits. The at-fault driver’s insurance policy will significantly impact how much money you can get from a car accident.

Insurance Policy Limits Cap Compensation

Insurance policy limits refer to the maximum amount of money an insurance company will pay on a claim. Policy limits vary depending on the type of insurance and the policyholder’s individual needs and budget.

In the context of car accidents, policy limits can significantly impact the amount of compensation you receive after an injury accident. If the at-fault driver’s policy limits are lower than your losses, you may not be able to recover the full amount of their damages.

In Arkansas and Tennessee, drivers must carry a minimum of $25,000 per person and $50,000 per accident for bodily injury. If you need more than $25,000 in compensation after an accident, you might be left paying out-of-pocket to cover the rest.

Dealing With Uninsured or Underinsured Motorists

If the at-fault driver doesn’t have insurance or carries the bare minimum amount of insurance, there are ways you can seek compensation.

• File a claim with your own uninsured motorist coverage (UIM). UIM coverage is optional insurance that can protect you if you are injured in an accident caused by a driver who does not have enough liability insurance to cover your losses.
• File a lawsuit against the at-fault driver. If the at-fault driver does not have sufficient insurance, you may be able to file a lawsuit against them personally.
• Seek government compensation. Some government programs can provide financial assistance to victims of car accidents. For example, the Crime Victims Reparations Board in Arkansas compensates victims of crimes, including car accidents caused by drunk drivers.