The internet is an indispensable source of information. There is all sorts of information available to everyone around the one. This makes it difficult to distinguish accurate information from incorrect one.
This also happens when you want to determine the value of your claim. People think there is a calculator that will immediately calculate the value of their claim. However, there is nothing of this sort.
Accident victims need to be cautious about online sites that claim to provide automatic calculations of their damages. In addition to that, they should also be wary of lawyers who quickly give an estimate for your claim because there are many factors that need to be evaluated and taken into account before a calculation can be made.
As mentioned earlier, determining the value of a case is not as simple as putting numbers into a calculator to calculate the settlement. In this article, we will focus on how the value of your case is determined.
Table of Contents
What compensation can you recover in a personal injury claim?
Victims of the accidents, also known as plaintiffs, can seek compensation in their lawsuit for all the damages caused by the wrongful actions of the defendant, including compensatory, actual or special, general, and punitive damages. Usually, these damages are talked about using economic and non-economic terminologies.
1) Economic damages
This includes the tangible damages that result in monetary expenses the accident caused, such as:
· Medical and hospital bills
· Ambulance service fees
· Loss of wages
· Property damage
2) Non-economic damages
These include the nontangible damages such as:
· Pain and suffering
· Metal and emotional distress
· Permanent disability
· Loss of consortium
· Loss of quality of life
Economic damages are fixed and can easily be calculated because they have an evident monetary value to them.
While for non-economic damages, there can be flexible depending upon the judge or jury, who will assign the value for the non-economic damages that you sustained in an accident.
Therefore, compensation for these damages must be in accordance with the knowledgeable losses incurred.
What factors are taken into account when considering the value of your claim?
There is no formula or automatic calculation that can determine the value of your claim. Instead, this requires a thorough evaluation of the evidence and facts surrounding your case in order to determine the amount you need to recover.
And since every case is unique, a computer program cannot take into account all the factors in a personal injury claim. Some of the factors that need to be considered include:
Where did the accident occur?
This is important because of the location of the court and the laws within that jurisdiction. In some locations, the court favors the injured victims and thus gives higher compensation, while in other areas; the jurors can dismiss your case altogether.
What type of accident were you involved in?
Was it a rear-end collision, head-on collision, blind spot or rollover crash, a single vehicle, or multi vehicle accident? The type of accident you were involved in will determine the amount of compensation you will recover.
Some types of accidents result in higher settlements than other accidents. For example, if your accident involves a truck company, then your claim will have a larger compensation as compared to a small car accident.
What insurance coverage does the party at fault have?
It is important to find this out because you will be unable to get compensation from someone who cannot pay. If the individual at fault has minimum liability coverage with no assets, then you will only get what the insurance covers.
Does the party at fault have an asset?
When insurance coverage does not cover your damages, then the assets of the individual at-fault are used to recover the compensation. So if they have assets, then you will get the rightful compensation you deserve.
What is the extent and severity of your injuries? What type of medical treatment is required to fully recover? How much will your medical expenses amount to?
Different injuries will require different medical treatments to recover. So the extent and severity of your injuries will also determine the value of your claim. Medical expenses are those that you have already paid and that you will have to pay in the future for getting treatment for your injuries. There are various professionals who can estimate the total cost of your treatments needed for a full recovery. But it is always easier to justify what is in hand – the value of existing medical bills.
Was your quality of life compromised?
Did the injury you sustained affect your life? Injuries that result in disfigurement, loss of limbs, and permanent damage can compromise your quality of life and thus affect the value of your claim. More money will be compensated to reimburse you for the loss of enjoyment, companionship, and quality of their lives.
Will you be able to return to work? Or do you have a loss of future earning capacity?
In addition to the loss of wages due to absence from work while getting treatment for your injuries, the ability to return to work in the future or not will also be considered when calculating the value of your claim.
Do you have powerful evidence for your injuries?
You need strong and compelling evidence to support the claim you are making. Pictures of damages, injuries, location of the accident, and persuasive witness statements are all important to back up your argument. This is why it’s important to increase the reliability and value of your personal injury claim.
Did you cause or contribute to the accident?
Were you even partially responsible for the accident? If yes, then the value of your case is reduced by the percentage of fault you had in causing the accident.
You can get the compensation you deserve and increase the value of your personal injury claim if you create a strong personal injury claim backed up by powerful evidence. So the only way you can accurately determine the value of your personal injury claim is by getting the help of a legal representative who knows the law and has handled various cases.
Grayson car accident lawyer will help you access your cash, take into account all the factors and calculate an accurate and fair estimate that you should get. Contact them today and answer these essential questions to consult with personal injury lawyers about the economic and non-economic damages that you have sustained in a traffic collision caused due to someone else’s negligence.
How Will Your Personal Injury Lawyer Process The Case?
Typically there are three different phases of the claim process, and they usually last from 18 months but may vary from case to case. Here is what the claim process includes:
1) Before the filing of a claim
This phase commences from the time of the accident to the filing of the claim. In this phase of the process, you need to focus on seeking medical treatment so that your injuries do not worsen and get legal help. A legal representation by your side will ensure your rights are protected.
If you consult an experienced personal injury lawyer, which you should, he/she will evaluate your case. You will need to share every single detail you remember about the traffic collision and present any evidence or information you have gathered to support your details.
Your lawyer will access the case and tell you the legal options you have. After this, your lawyer will investigate the accident to uncover evidence that will establish liability, back up your claim, and help in calculating the worth of your case. The calculation will be based on the extent of your damages, the severity of injuries, current and future medical expenses, your lost wages, and the reduced quality of life.
This is the period between the filing of your claim and the start of the trial. You and your lawyer will interact with the defense counsel to resolve the issue and agree on the value of your claim.
Your lawyer will present the argument to persuade them to come to a settlement. If there is an agreement between the party and a settlement is reached, then the case will not go to trial.
3) Trial in court
But if your case does go to trial, then your lawyer will present evidence, testimonies, and compelling arguments to enlighten the judge and jury about the damage incurred to you due to the accident.
There is a discovery process before the start or trial where both sides exchange relevant information. During this part, either party can start negotiation for settlement if they wish to settle out of court.
What is the average personal injury settlement you can receive?
Personal injury claims can get several thousand dollars ranging from 10 to 100,000 dollars, on average. This is an average amount, so depending on your case and personal injury claim, you can get less or more settlement amounts. The recovery of any personal injury claim depends upon these three things:
· The victim’s injuries and damages
· The defendant’s fault
· And other intervening forces
The bottom line
A personal injury claim can be brought for mental, emotional, physical, or any similar damage sustained due to the wrongful actions of another person. The victims can sue the individual or an entity in order to recover compensation for the injuries and damages they caused that resulted in expenses and losses.
A personal injury lawyer can help you find the value of your personal injury claim by taking into account the economic and non-economic damages as well as other factors.