My Case Worth
Personal injury victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. These money damages are called compensable damages ie. giving compensation to an injured party for the damaged caused by the wrongdoer. They include economic and non economic damages. The damages may include the following;
• Medical Bills • Lost Wages, including overtime
• Pain & Suffering • Physical Disability
• Emotional Trauma • Disfigurement
• Mental Anguish • Lost of Enjoyment
• Embarrassment • Lost Wages, including overtime
• Mental Disability • Property Damage
• Out of Pocket Expenses
So What is a Personal Injury Case Worth?
There is no model to instantaneously estimate how much your case is worth. The reason being, every accident has its own set of complexities that require an in-depth review and some items are unknown right after the accident. Therefore, It will take time to understand and value all the factors to present for settlement or trial. However, that being said the insurance company will ultimately place elements of your case into a computer software program to determine the adequate settlement figure. This system makes calculations the insurance adjuster will use as a guideline when settling your case. The major factors they consider are the following;
| Type Of Injury | Depending on the type of injury and its severity will dictate the range the insurance company will place your claim. Soft tissue injuries are viewed less severe as a broken bone or herniated disc. The level of recovery for your injury is also taken into consideration. |
| Did you go to the hospital | Documenting your injury is important. Someone who has gone to the hospital immediately after the accident has medical records which legitimizes and provides evidence of your injury. It’s an immediate piece of evidence that supports your claim. |
| Type of treatment | Who diagnosed your pain or injury? A specialist is viewed as more credible in regards to your diagnosis. |
| Treatment length | The time it takes to manage your pain or cure your pain is considered. Depending on the injury there are average time tables to where you should be feeling better or making progress. The more serious the condition the longer it will take to heal and the less likely the injury fits within a certain class of injury. Over-treating your injury will be considered a negative for your claim. |
| Medication or Injections | A prescribed daily medication and length or frequency of your prescription are factors in your claim. The details of the medication will help indicate your level of pain and injury. |
It is an option to settle with the insurance company and not a requirement. When you settle with the insurance company you are saying “I accept this amount of money to avert having to file a lawsuit against the insured”. If a settlement can’t be reached or if the insurance company denies your claim you must pursue a lawsuit to seek relief. If you were to go to trial the Jury would determine the amount of settlement. Jurors in time of economic hardships are less likely to award a high settlement figure without persuasive expert testimony. At the same time Jurors can evaluate your claim with compassion without the monetary incentive to pay out the least. Having an knowledgeable attorney will help understand your cases’s value and what you can expect as a settlement or jury award.
LoConti Law Group