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Calculating Damages in a Phoenix Car Accident Case

calculating car accident damages

An average of 85,970 car accidents occur in Maricopa County each year. A large number of these accidents happen in Phoenix. Accidents can happen for a variety of reasons in heavily populated areas like large cities, including distracted, intoxicated, and even fatigued driving.

If you have been in a car accident in Phoenix and sustained injuries and property damage, you could be entitled to compensation. It’s essential, however, not to wait to speak with a car accident lawyer. At Gerber Injury Law, we can help you in calculating car accident damages so that you can get the help you deserve.

Pre-Lawsuit Phase

The first step in filing a personal injury claim is to turn to us so that we can assess the accident. We offer free initial consultations so that we can get a sense of the case and get to know you and your needs.

Then, we begin gathering evidence that can help prove your claim. Some of the most important types of records are medical records. This is why it’s crucial that you accept medical attention at the site of the accident and that you continue to receive help if you sustain injuries. You want every treatment recorded.

Police records are also helpful, especially when proving fault. By Arizona law, you must report any accident that results in injuries or fatalities, as well as any that result in property damage that totals $1,000 or more.

It’s sometimes difficult to know whether there are injuries right after the accident occurs. Determining whether the property damage adds up to $1,000 right away is also a challenge. Therefore, the best course of action is to call the police. Calling the police also allows you to get an official police report you can use in your claim.

Witness statements are other important pieces of evidence. They allow us to paint a clear picture of what occurred and why you may be entitled to compensation.

All of this evidence, as well as the investigation we conduct, makes it easier to determine liability and fault.

During this initial phase, we can also calculate the kinds of damages that you may be able to claim. We will use medical records to ask for damages that help cover your past and future medical expenses.

We also start calculating lost wages. If you missed work because of the injuries you sustained, you should be reimbursed for the wages you didn’t get. Another type of damage we calculate is pain and suffering. These relate to the emotional and physical pain and anguish you’ve had to deal with because of the accident.

Once we have a clear idea of the damages, we can start negotiating with your insurance company. Because we know the tactics they may use to intimidate you into accepting a lowball offer, we will do everything possible to maximize your settlement offer.

Lawsuit and Litigation

If the negotiations fail, the next step is to file a lawsuit. The lawsuit states your allegations against the defendant and should also include the damages you’re seeking. After we file the complaint, the defendant will usually file a response.

The next step is the discovery process, which includes sharing documents like witness statements, financial documents, and medical records between the various parties.

Depositions and witness testimonies follow. These allow us to gather firsthand accounts of the accident.

At any time during this process, either party can request mediation. Mediation is an alternative dispute resolution that involves both parties, their lawyers, and a mediator, who is a neutral third party. This is often an effective way to reach a solution without going to court.

If it’s not possible to reach an agreement, we prepare your case for court, where we will present all of the necessary evidence to help you get the compensation you deserve.

Types of Damages Recovered

There are a number of different types of damages you may be entitled to after a car accident in Phoenix. If you’ve suffered injuries, you have the right to claim compensation for medical expenses. These include everything from hospital bills to medication costs. Medical expenses can also cover future needs.

Many times, an injury is severe enough to keep you from going to work. If that’s the case, you are missing out on wages. You can ask for compensation for lost wages, including future ones you may not get because of the injuries you’ve suffered.

Property damage is common in car accidents. When you ask for compensation, you can get help paying for repair bills or even for property replacement.

An injury can force you to deal with pain and emotional trauma, leading to a lower quality of life. When you file a personal injury claim, you have the chance to get compensation for what you’ve been through.

You may also be able to file loss of consortium if you’ve suffered the death of a loved one because of the accident or if your loved one has sustained disabling injuries. You could receive compensation for the loss of love and support.

If the person who caused the accident was particularly reckless in their behavior, you may also be able to ask for punitive damages.

Factors Affecting Case Value

Every case is unique, but most of the time, the more severe your injuries are, the more your case is worth. How long it’ll take you to recover from the injuries is something else that can impact the claim.

Being able to present strong evidence that the other person was at fault is another thing that can add value to your case. If you were partly at fault, you likely wouldn’t be able to get as much compensation.

The impact of the accident on your daily life is another factor. If injuries keep you from living a fulfilling life, doing your job, or sustaining your relationships, you have a chance of getting better compensation.

The limits and types of coverage that the at-fault person has can also impact what you receive. Keep in mind that we can help you decide on the best course of action if the defendant’s insurance won’t cover all of the expenses.

Working With a Lawyer

You need to find a lawyer who has experience with car accident cases in Phoenix. Make sure they have a history of winning cases since this means they know Arizona law and are ready to help.

When you come to us at Gerber Injury Law, we don’t require upfront fees. We work on a contingency basis, which means that we don’t get paid unless you do. Other lawyers may have different payment structures, so it’s essential to always ask about what you can expect regarding fees before making a decision.

The right lawyer will keep you updated on your case. This is crucial in a long legal process like a lawsuit. You should always feel comfortable speaking with your lawyer about the various steps in the process and asking questions about what to expect.

It’s essential to build trust with the attorney you choose. At Gerber Injury Law, we strive to put you at ease so that the claims process can be a bit easier.

Need a Phoenix Car Accident Lawyer? You Can Trust Gerber Injury Law

When you turn to us at Gerber Injury Law, you’re getting the chance to speak with experienced attorneys who’ve been offering personal injury representation for more than 20 years. Contact us today to schedule your free consultation.