How Much Is My Personal Injury Case Worth?
November 10, 2020 | Personal Injury
At times, actions can result in injury that is unavoidable. This is when people often consider making a personal injury claim.
If you are considering pursuing a personal injury claim, one of the top questions you may have is, “How much compensation am I likely to receive?”. There’s no one way to calculate a claim’s ultimate value, and every case is unique. But we’ll look at some of the factors that are considered in a compensation claim and how they affect your case’s worth.
What Can You Claim For?
Compensation can be claimed for a variety of areas when it comes to personal injury, often including the following:
You are able to claim for the cost of any medical treatment you receive as a result of the injury, from the diagnosis of your injuries through necessary rehabilitation. It’s important for you to keep a record of your medical costs, especially if you have ongoing treatment, as these will be used to help evaluate the total amount you can claim for.
Pain and Suffering
Any injury is going to entail some pain and suffering, whether it’s short term or it has left you with lasting pain. If you have long-term pain from your injury, especially even after continued treatment, this may be factored into the total compensation you receive.
Loss of Income
If you have had to take time off of work or have lost your job because of your injury, then it is possible to make a claim for any loss of income you have incurred. This will be calculated in a range of different ways, including looking at previous pay stubs, bank statements, and invoices, if you are self-employed. If you have dependents who rely on that lost income as well, that is another factor that may increase the total value of your claim.
Often after an accident that has led to an injury, a person can suffer from emotional distress because of their injury. Whether it’s worrying about the loss of income, struggling to come to terms with a life-long injury and resulting lifestyle change, or lingering trauma from the accident, there are many ways emotional distress can add to the overall harm caused by the injury, and thus many ways it can factor into your claim.
It is, of course, difficult to calculate how much your emotional distress is worth in a dollar amount when it comes to a personal injury case. However, medical records showing a clear pattern of emotional distress after the injury, such as therapist appointments or mental evaluations, may be able to help prove the level of distress and help this regard.
Loss of Enjoyment
If you have suffered an injury with long-term, irreversible effects, you may also be able to factor loss of enjoyment into your claim. Loss of enjoyment refers to when a person suffers an injury that in turn limits the person’s ability to perform or enjoy the same activities that they enjoyed before the injury.
For example, injuries causing paralysis, blindness, or deafness could lead to loss of enjoyment in everyday life, relationships, hobbies, and career opportunities.
What Factors Could Lower Your Claim’s Value?
There are additional factors and circumstances that may hurt your claim’s chances of success and overall worth. Here are some to watch out for:
If You Are at Fault
In a case such as a car accident, if you were partially to blame for the wreck, that would lower the overall amount you could receive. Similarly, if you were disobeying a law (like not wearing a seatbelt) or otherwise acting recklessly or with disregard for your own safety, you will not be able to claim for the extent of your injuries that were caused by your own fault or negligence.
Your Account of Events
Insurance companies may try to get you to admit an element of fault. If you have been in an accident and are thinking about making a personal injury claim, make sure you speak to a lawyer before you speak to the insurance company. If you admit blame to the insurance company, it could damage your claim’s value.
The Extent Covered by Insurance
The liable party’s insurance coverage limit can also impact your claim value. If their insurance doesn’t cover the full amount of the claim, then it’s unlikely you will get the full value, unless you want to pursue other methods such as attempting to garnish the individual’s wages.
How to Increase Your Chance of Success
If you want to maximize your chance of succeeding with a personal injury case and receiving the full amount of compensation possible, you need to seek out medical advice from a doctor immediately after you are injured. You should also keep careful documentation of your injury and treatments and consult with an experienced personal injury attorney before speaking with any insurance company (whether your own or another party’s).
The value of your personal injury case will depend on your individual circumstances, but a lawyer that is experienced in dealing with cases like yours can also help your case significantly.
Napoli Shkolnik has professional personal injury lawyers who can help you get the highest compensation possible for your personal injury case. Contact us today for an evaluation of your claim.
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