There are two primary components to your personal injury claim, commonly identified as economic and noneconomic.

Economic damages are those amounts that you can easily quantify.  In other words, costs that you have incurred as a direct result of the injury.  For example, your doctor may have ordered you to miss several days of work.  In that case you would have a claim for wage loss. Your doctor will charge you for their services.  Your economic claim will include those medical bills. You may have suffered an injury that causes a permanent disability.  If you are no longer able to work, you will be entitled to lost future earnings.  Again, economic claims are those that can be specifically quantified and are supported by evidence.

Noneconomic damages are those that are not easily valued.  They include pain, suffering, inconvenience and loss of enjoyment of life. Obviously, it is difficult to place a value on these aspects of your claim.  If your claim goes to a jury trial, the jury will decide on the value of these noneconomic claims.  Settlement discussions on your noneconomic claims will usually center on how both parties believe a jury will value your claim.

Understanding the components of your claim is the first step toward understanding the value of your claim.  It is important to work with an experienced attorney who will know how a jury will view your claims.

Please feel free to submit your case for a FREE EVALUATION by our attorneys.

If  you’ve been in an automobile accident, you likely have a claim for the damage to your car.

We frequently get this question:

“How do I figure out the value of my property damage claim?”

In Wisconsin, the answer to that question is simple, your claim is valued at the cost of repairs or the pre-accident value of your vehicle.  Nothing more, nothing less.  It doesn’t matter when you purchased the car.  It doesn’t even matter what you owe on the car.  You need to figure out how much it will cost to fix it and what the value was before the accident.  Once you get those two numbers, the value of the claim is the lower of those two amounts.

In order to determine the cost of repairs, you need to have your car inspected by someone who knows what they are doing.  the insurance company will send an adjuster to look at the car.  They may bring the car to a repair shop for an estimate.  You can do the same.  Bring the car to someone you trust.  Make sure they look it over thoroughly.  If the insurance company’s estimate seems low, ensure they have a shop who is willing to do the work for that amount.  If not, you’re free to reject that valuation.

In order to determine the pre-accident fair market value of your car, you need to do a little research.  there are two common online sources for car values.  www.kbb.com and www.nadaguides.com.  Follow the instructions and enter accurate information.  These pages should give you a good idea of your car’s value.  the insurance company may use a private valuation company.  If they do, and the value is significantly lower than the amount you find on the do-it-yourself, you should shop for “comparables”.  Go online, look in the newspaper, visit local dealerships, to find a car like yours.  Make sure it is the same year, and close in miles.  Check the options and make sure they are similar to your car.  Call the dealer up and ask what they would sell it for.  Have the insurance company to verify the cost with the dealership.

If it is determined that the value of your vehicle is less than the cost of repairs, your vehicle will “totaled”, meaning it is a total loss.  If your vehicle is considered a total loss, they will take the vehicle and pay you the fair market value plus title and registration fees, plus sales tax for your old vehicle.  Alternatively, you may keep the vehicle.  If you choose to do this, the insurance company will pay you less money for your vehicle.  They will not pay tax, title or registration.  They will also take a few hundred dollars off of the value to cover what they will lose in not being able to sell it for scrap.

Once you understand how your property damage claim is calculated, you are more capable to discuss your claim with the insurance company.

Please feel free to submit your case for a FREE EVALUATION by our attorneys.