After a car accident, one of the first questions many people ask is, “How much is my case worth?” While there’s no universal answer, there are several key factors that determine the potential value of a personal injury claim in West Virginia. Understanding what goes into calculating compensation can help you set expectations—and avoid settling for less than you deserve.
What Factors Affect the Value of a Car Accident Claim?
Every car accident case is different, but here are the most common things that influence a settlement or court award:
- Medical Expenses: This includes everything from emergency room visits and surgeries to physical therapy and future treatment. The more serious and long-lasting the injury, the more your medical costs will weigh into the claim.
- Lost Wages and Earning Capacity: If you missed work due to the accident—or can’t return to your job at full capacity—you may be entitled to recover lost income. This can also include future earning potential if your injuries are permanent or long-term.
- Pain and Suffering: These are the non-economic damages, like emotional distress, chronic pain, or reduced quality of life. While harder to quantify, they often make up a significant portion of the total compensation.
- Property Damage: The cost to repair or replace your vehicle and any personal property damaged in the crash.
- Fault and Liability: In West Virginia, if you are partially at fault for the accident, your settlement may be reduced by your percentage of fault. If you’re more than 50% responsible, you may not be able to recover compensation.
When Should You Settle—and When Should You Go to Court?
Most car accident claims settle out of court, but not all offers are worth taking. Here are a few signs it may be time to negotiate—or even consider filing a lawsuit:
- The insurance company offers a lowball settlement early in the process.
- Your medical condition hasn’t stabilized and you don’t know what your future expenses will be.
- There’s a dispute over who was at fault.
- The insurer is delaying, denying, or downplaying the extent of your injuries.
An experienced personal injury lawyer can help assess the value of your case and negotiate aggressively on your behalf. If a fair settlement can’t be reached, taking the case to court may be the best option.
Car accident claims involve more than just paperwork and bills—they involve your health, your finances, and your future. If you’ve been injured and want to understand what your case might be worth, Persinger & Persinger can help you navigate the process and fight for full and fair compensation.
Note: This article is for informational purposes only and does not constitute legal advice. To discuss the details of your situation, please contact Persinger & Persinger directly.
