What Factors Determine How Much My Personal Injury Case Is Worth?

Personal Injury Lawyer

If you have been injured in an incident that was not your fault, you are likely wondering what factors come into play when determining how much your personal injury case is worth. Insurance companies look at several different factors including pain and suffering when they place a dollar value on your claim, including:

  • Did the injury happen at work? There are a wide range of different amounts that can be placed on an injury, and there is an injury damage formula in place that can give you an idea of what a settlement might look like, especially if you lost a finger or an entire limb in a catastrophic injury. There are certain factors that can raise or lower a personal injury settlement, either from insurance or whether or not your case goes before a jury. 
  • Did the injury happen at a place of business? Injuries that occur at a place of business are often settled more quickly because a lawsuit can be seen as a deterrent to future customers. There is still, however, a specific dollar amount for most claims. Your attorney will use other cases and the outcome of those to determine a dollar amount.
  • Did the injury happen as a result of medical malpractice? Malpractice cases are difficult to win because medical professionals will always have a team of witnesses to defend them, no matter the severity of your injury or the level of fault.

Cases that are valued higher:

  • Hard injuries, including broken bones, head injuries, back injuries, nerve damage, or joint injuries
  • Injuries that require medical expenses for treatment by a doctor, hospital or rehabilitation clinic, or prescribed medications to help treat the injury
  • Permanent injuries, such as scars, loss of mobility, pain and stiffness, or weakened muscles and joints
  • Interruptions of daily life such as missed school, canceled special events, loss of work, and other disruptions
  • Long-term treatment and recovery period
  • Physical or emotional distress as a result of the injury

Cases that are valued lower:

  • Soft tissue injuries such as sprains, strains, or bruising
  • Medical expenses are primarily the result of diagnosis rather than treatment
  • Medical treatment is provided by non-M.D. providers
  • No medications have been prescribed
  • There is a short medical history related to the injury, with only a few visits to medical facilities
  • There is a short recovery period for your injury
  • There is no permanent injury, including physical or emotional injuries

Other factors that impact compensation

After the settlement formula has been applied, legal issues may be in place that will either help or hurt your case. You are likely to be compensated at a higher rate if:

  • You shared no fault in the accident.
  • You are professional and organized throughout the claims and settlement process.
  • The insured party is not credible or sympathetic.
  • You have witnesses that can strengthen your case.

You are likely to be compensated at a lower rate if:

  • You shared some of the blame for the accident or for your injuries (perhaps it was later determined you were not wearing a seat belt after a car accident that was the fault of another, for example).
  • You are disorganized and impatient. Understanding that the timeline for settlement could be long is the most important information a personal injury lawyer, like a personal injury lawyer in West Palm Beach, FL, should share with you.
  • The insured opponent is seen as sympathetic by the jury.
  • The witnesses in place either do not strengthen your case or they strengthen the case of the opposing party.

 


 

Thanks to the law office of Eric H. Luckman, P.A. for their insight into some of the factors that determine how much a personal injury case is worth. 

Posted on May 13, 2020 @ 6:38 am

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