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Homepage >> Injuries >> Value of an Automobile Personal Injury

Value of an Automobile Personal Injury

What is the value of my Auto personal injury claim?

There are a number factors that go into the determination of the value of a auto personal injury claim. The first, and most important, is amount of fault possessed by the other driver. Obviously, if the other driver is not at fault there is no claim. If the driver is partially of fault there may be a partial claim.

What is Comparative Fault?

Some states like California possess what is called comparative negligence. The negligence of both drivers is compared. If one driver is 80% of fault and the other 20% of fault in California the driver 20% fault can collect 20% of the value of their claim from the driver who was 80% at fault. In a pure comparative negligence state like California someone who is 90% of fault can collect 10% of the value of their case from the person who is 10% at fault. This is not true in all states. Nevada possesses what is called threshold negligence. In order to present a claim, you must show the person you claim is responsible possesses over 50% of the fault. If the person possesses less than 50% of the fault you collect nothing.

Does the Kind of Injury Make a Difference?

The second most important factor that goes into determination of the value of an auto personal injury claim is the nature of the injury. Because some injuries cause more hassle, they are given a higher value. Someone who suffers a severe shoulder injury has a claim with a higher value than someone who suffers only bruising as a result of the airbag going off. Many insurance companies try to equate the value of the injury with the amount of medical bills. The more medical bills the higher the value of the case. This is not always true. Some injuries like broken ribs receive little medical care. There is little doctors can do for a broken rib. Yet, it is one of the most painful commonly experienced injuries.

Some people simply try to tough out injuries. They attempt to avoid going to a doctor. When dealing with people like this insurance companies will argue they were not really hurt since they did not get much medical care.

The common-sense thing to do is get necessary medical care. It is also necessary to tell your doctor exactly what you’re experiencing. The more the medical notes reveal the problems you experienced the more documentation there is showing your injury.

When determining the value of an auto injury case in the final analysis the value is what you consider it to be taking into consideration fault of the other driver and extent of your injury. The problem is you may not possess any experience in determining value of the case. There are services available to attorneys which publicize jury verdicts. These are often helpful in determining value of an auto injury case. Insurance companies generally know value of cases because their adjusters deal with injury cases all the time. Yet, insurance companies, as everyone knows, are in businesses to make money. They will generally attempt to settle the case for the least amount possible. In view of these factors most people with serious injuries are best advised to seek representation from an experienced attorney. David Allen & Associates possesses over 42 years of experience representing injured people. David Allen personally supervised a claims department for a major insurance company before he began handling personal injury claims. With a unique prospective gleaned from working for insurance companies and representing injured people for over 42 years David Allen & Associates is a firm possessing experience and everyday knowledge lacking in most law firms.






David Allen & Associates has offices located throughout California and Nevada

Sacramento Office
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5230 Folsom Boulevard
Sacramento, CA 95819

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Sherwood Executive Center
5250 Claremont Avenue
Stockton, CA 95207

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Newark, CA 94560

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1300 Clay Street, Ste 600
Oakland, CA 94612

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Fax: (510) 663-4660



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