Calculating the Full Value of Your Claim
Insurance companies use sophisticated software to minimize claim values. Our attorneys understand how to counter these tactics and calculate the true value of your claim:
Economic Damages (Easily Quantifiable):
- Past medical expenses: All bills from hospitals, doctors, therapists, and pharmacies
- Future medical expenses: Projected costs for ongoing treatment, surgery, and care
- Lost wages: Income lost during recovery, including bonuses and benefits
- Lost earning capacity: Reduction in future income if injuries limit your work ability
- Property damage: Vehicle repair or replacement, damaged personal belongings
Non-Economic Damages (Subjective but Valuable):
- Physical pain and suffering: The actual physical discomfort from injuries
- Mental anguish: Anxiety, depression, PTSD, and emotional distress
- Loss of enjoyment of life: Inability to participate in hobbies and activities
- Loss of consortium: Impact on your relationship with your spouse
- Scarring and disfigurement: Permanent physical changes affecting appearance
Distracted driving cases often support higher non-economic damages because jurors view this behavior as particularly reckless and preventable.
Economic Damages (Easily Quantifiable):
- Past medical expenses: All bills from hospitals, doctors, therapists, and pharmacies
- Future medical expenses: Projected costs for ongoing treatment, surgery, and care
- Lost wages: Income lost during recovery, including bonuses and benefits
- Lost earning capacity: Reduction in future income if injuries limit your work ability
- Property damage: Vehicle repair or replacement, damaged personal belongings
Non-Economic Damages (Subjective but Valuable):
- Physical pain and suffering: The actual physical discomfort from injuries
- Mental anguish: Anxiety, depression, PTSD, and emotional distress
- Loss of enjoyment of life: Inability to participate in hobbies and activities
- Loss of consortium: Impact on your relationship with your spouse
- Scarring and disfigurement: Permanent physical changes affecting appearance
Distracted driving cases often support higher non-economic damages because jurors view this behavior as particularly reckless and preventable.
Punitive Damages in Distracted Driving Cases
While most car accident cases only involve compensatory damages, distracted driving cases may qualify for punitive damages—additional money meant to punish the defendant and deter similar conduct.
When Punitive Damages Apply: Courts award punitive damages for conduct that goes beyond ordinary negligence. Factors that may support punitive damages in distracted driving cases include:
- Evidence the driver was watching videos or livestreaming while driving
- Prior distracted driving citations or accidents
- Commercial drivers who ignored company no-phone policies
- Drivers who continued texting while traffic ahead was stopped
- Extremely high speeds combined with phone use
Punitive Damage Caps: Many states limit punitive damages to a multiple of compensatory damages (like 3x or 4x) or cap them at specific dollar amounts. Our attorneys understand these limits and advocate for maximum recoveries within legal constraints.
How We Build Punitive Damage Claims: Through discovery, we seek evidence of the defendant's driving history, any prior warnings about phone use, and the specific nature of their distraction. This evidence helps establish the "gross negligence" or "reckless disregard" typically required for punitive awards.
When Punitive Damages Apply: Courts award punitive damages for conduct that goes beyond ordinary negligence. Factors that may support punitive damages in distracted driving cases include:
- Evidence the driver was watching videos or livestreaming while driving
- Prior distracted driving citations or accidents
- Commercial drivers who ignored company no-phone policies
- Drivers who continued texting while traffic ahead was stopped
- Extremely high speeds combined with phone use
Punitive Damage Caps: Many states limit punitive damages to a multiple of compensatory damages (like 3x or 4x) or cap them at specific dollar amounts. Our attorneys understand these limits and advocate for maximum recoveries within legal constraints.
How We Build Punitive Damage Claims: Through discovery, we seek evidence of the defendant's driving history, any prior warnings about phone use, and the specific nature of their distraction. This evidence helps establish the "gross negligence" or "reckless disregard" typically required for punitive awards.
Common Settlement Ranges by Injury Type
While every case is unique, here are typical settlement ranges we've seen in distracted driving cases:
Minor Soft Tissue Injuries (Whiplash, Strains): $15,000 - $75,000
These cases typically resolve within months. Value depends on treatment duration and how well the injury is documented.
Moderate Injuries (Herniated Discs, Fractures): $75,000 - $300,000
These injuries often require surgery or extended physical therapy. Lost wages and permanent limitations increase value significantly.
Severe Injuries (TBI, Spinal Cord): $300,000 - $5,000,000+
Life-changing injuries requiring ongoing care command substantial settlements. We work with life care planners to document lifetime needs.
Wrongful Death: $500,000 - $10,000,000+
Loss of a loved one creates claims for both economic losses (lost income) and non-economic damages (loss of companionship). Punitive damages may apply.
Factors Affecting Value: Available insurance coverage, strength of distraction evidence, victim's pre-accident health, and whether the case goes to trial all significantly impact settlement amounts.
Minor Soft Tissue Injuries (Whiplash, Strains): $15,000 - $75,000
These cases typically resolve within months. Value depends on treatment duration and how well the injury is documented.
Moderate Injuries (Herniated Discs, Fractures): $75,000 - $300,000
These injuries often require surgery or extended physical therapy. Lost wages and permanent limitations increase value significantly.
Severe Injuries (TBI, Spinal Cord): $300,000 - $5,000,000+
Life-changing injuries requiring ongoing care command substantial settlements. We work with life care planners to document lifetime needs.
Wrongful Death: $500,000 - $10,000,000+
Loss of a loved one creates claims for both economic losses (lost income) and non-economic damages (loss of companionship). Punitive damages may apply.
Factors Affecting Value: Available insurance coverage, strength of distraction evidence, victim's pre-accident health, and whether the case goes to trial all significantly impact settlement amounts.