How Much is My Personal Injury Claim Worth?
Have you recently suffered some form of personal injury caused by a third party’s fault or negligence? These injuries may include slip and falls, medical malpractice, injuries sustained due to automobile accidents, and defective products. You are probably wondering the amount of compensation you stand to gain in a personal injury lawsuit. The answer to your question varies significantly from scenario to scenario because it depends on a wide range of fluctuating variables. The best way to find out how much your injury claim is worth is by consulting experienced lawyers like Rand & Gregory Attorneys at Law Fayetteville.
Several factors will affect the value of your personal injury claim. Personal injury lawyers know the best way to analyze these factors because they do not operate exclusively off each other. All the components in a particular injury claim are factored in using legal ratios where some elements carry more gravity than others.
You should get awarded just and adequate compensation for your injury so that you can pay your medical bills, cater for other expenses while in recovery and eventually move past the hurt. This article will provide the information you need to get a rough idea of what your personal injury claim is worth so that you do not settle for less than you deserve.
Medical Bills and Associated Costs
Any medical treatment you have undergone or continue to receive as a result of your personal injury should be covered in the compensation payout. A personal injury lawyer will advise you on what documentation to preserve or request from your doctor. These include receipts for all medical treatments, physical therapy, and medication prescribed. Your lawyer will also prompt your doctor to provide a formal letter stating the conditions necessary and the period required for complete recovery.
Such documentation is critical to determining the value of your personal injury claim by proving and justifying the amounts claimed. Such claims will include transportation costs to the hospital, special diet required for recovery, and other incidental expenses like a chore service if you cannot shop or clean for yourself due to the personal injury sustained. A personal injury lawyer will analyze your unique case and seek the most favorable legal settlement available to you.
Lost Wages or Income
Any personal injury you sustain will inevitably affect your ability to earn a living. The loss of income or wage due to personal injury may be permanent or temporary. The amount of compensation you receive will directly depend on the severity of your injury and the degree of its impact on your ability to earn a living.
If you suffer a permanent injury, then your physical injury lawyer will attach the necessary documentation that you can no longer earn a living in your field and demand total compensation for your lost wages. If you cannot work at the same skill, capacity, or ability due to the physical injury sustained, your lawyer will demand the difference between your typical income that results from your diminished capacity. If you can permanently recover from your injury, your lawyer will determine your lost wages while recovering.
You are entitled to compensation for any of your property that got damaged during the act or omission that resulted in your personal injury. Suppose your automobile, electronic device, jewelry, or anything else of monetary value was destroyed when you sustained the injury. In that case, your personal injury lawyer will attach evidence of their importance to aid in compensation.
Mental injuries, e.g., depression, insomnia, anxiety, or post-traumatic stress disorder resulting from personal physical damage, can be challenging to prove. Nonetheless, you are owed compensation for these conditions. A personal injury lawyer will recommend you visit a mental health expert to document any effect the personal injury had on your mental well-being. The mental health specialist will provide you with bills for any treatments given and prescriptions for medication needed.
Pain and Suffering
A personal injury can result in pain and suffering that is difficult to quantify. For example, where a victim lost a close personal relationship because of the personal injuries sustained, it is near impossible to judge the exact value of the failed connection. Personal injury lawyers and insurance companies are known to apply ‘pain multipliers’ that award compensation for pain and suffering corresponding to your total economic damages.
How much compensation you receive in a personal injury claim will depend on how well the negligent or at-fault party is insured. If an underinsured or uninsured party caused your personal injury, receiving adequate compensation will be very difficult because it would include steps like garnishing wages and attaching proof of assets.
When a party is at fault, their insurance company will not pay beyond the policy coverage. A personal injury lawyer will be able to investigate the insurance status and scope of the party that inflicted your personal injury. The maximum amount of compensation you can receive is often capped by the insurance policy.
The role you played in causing or failing to prevent (negligence) the personal injury will also be a huge determining factor to the amount of compensation you receive. Where you are found to be partially responsible for the accident, experts like insurance underwriters and personal injury lawyers can reduce your contribution to a percentage. Any compensation you are awarded will then be reduced by the percentage of responsibility you bear.
Different states have unique laws for dealing with the fault or negligence of the physically injured party. A personal injury lawyer is best suited to advise you on the applicable laws in your state and how any responsibility and failure on your part will affect your compensation.
Ultimately the help you get from a lawyer will determine how well you can maneuver your case. The result depends on many factors. It is best to confirm the case proceedings with an experienced personal injury lawyer so as to not to raise your hopes unrealistically high and know every step of the case.