Insurance companies determine fault by reviewing state laws that define negligence and examining evidence from the scene. This includes police reports, witness statements, and accident scene photos.

Your injuries’ severity impacts the amount you may be eligible to receive in a settlement or jury verdict. Severe injuries lead to higher damages.


Medical Treatment

Most people know they should seek medical treatment after a car accident, but some avoid it because of the expense or fear that it may harm their case. However, if you are hurt in a crash, visiting a doctor or emergency room as soon as possible is important. A diagnosis can help you get better faster and provide documentation supporting your claim for compensation for medical expenses and property damage.

The severity of your injuries will also impact the settlement amount you receive. For example, permanent damage, such as spinal cord or traumatic brain injuries, can result in much larger compensation payouts. Visit to learn more about settlements.

In addition, regular visits to the doctor will allow you to track any changes in your health over time, which can be useful if you are planning to file a lawsuit to recover damages for pain and suffering. The more detailed records you have, the stronger your case will be.

Property Damage

If the crash damages your vehicle or causes other property damage, it is important to document this. This includes receipts for the repair costs, documentation of losses and expenses, and photographic evidence.

Your car accident lawyer will collect all of this information. They will also seek a medical evaluation from an expert with experience in treating your type of injury. This is crucial, as delays in treatment can impact your claim value by giving insurance companies the impression that you’re exaggerating your injuries to receive more money.

The severity of your injuries will significantly influence how much you can recover for your car accident lawsuit. Typically, more severe injuries result in larger settlements or verdict amounts. In addition, your attorney will consider how you were injured and the percentage of fault for the crash. This is because some states operate under the rule of contributory negligence, which bars recovery if you are even partially responsible for the car accident.


Testimony from witnesses can be critical to your case. Witnesses who saw the accident as it occurred can often provide important information about what they saw, which can help determine liability.

However, not all witnesses are created equal. If a witness has a connection to you or the at-fault driver, it could be seen as a conflict of interest that may taint their testimony. Furthermore, changing their version of events during deposition or cross-examination can raise doubts about the reliability of their testimony.

The most reliable witnesses are neutral third parties who have no connection to you or the at-fault party and can back up your story about what happened. Their statements can also be used to create computer reenactments of the accident, which can be very persuasive to jurors. Witnesses can also attest to the medical treatment you’ve received and your prognosis for a full recovery. This helps calculate your economic damages, including future expenses and loss of earnings.


In some cases, the injuries sustained by car accident victims can exceed the at-fault driver’s insurance policy limits. This may result in the injured parties filing a lawsuit against that driver to recover additional damages for their losses.

Depending on state law, some courts use comparative fault laws to determine the percentage of responsibility for the accident assigned to both parties. This percentage can impact a person’s eligibility for damages, especially in states like New York with pure comparative fault rules.

As part of a settlement, the at-fault party may agree to pay for some or all of your economic and noneconomic damages. This includes medical bills, lost income, property damage, pain and suffering, and more. It is important, to be honest with your attorney about the accident and never admit to anything that could be construed as an admission of fault. This can negatively impact your case in the future.