Many people who are considering filing a personal injury lawsuit want to know how much their case is worth right now. This is a difficult topic to answer, and various personal injury lawyers may come up with drastically different figures. However, there are certain broad rules you may apply to estimate the value of your case.
In many personal injury cases, the next step is to submit a demand letter to the individual who caused your injuries — or their insurance company — detailing how you were injured, why you feel they are liable, and what damages you are seeking. If the parties can’t agree on a figure, this letter serves as the foundation for the entire case, typically leading to settlement discussions or, in the worst-case scenario, a lawsuit. So, how does a lawyer determine the worth of your case?
Examining the damages
Damages for material loss (such as medical expenses, missed earnings, and property damage), intangible loss (such as pain and suffering), and punitive damages are all available in a personal injury claim. Punitive damages are seldom given in personal injury lawsuits since they are intended to penalize a perpetrator.
Because most personal injury claims involve carelessness rather than willful conduct, punitive damages are rarely awarded in these circumstances. For example, if a person was temporarily preoccupied and caused an automobile accident, punitive damages are not appropriate because the accident was caused by carelessness rather than a deliberate act. Punitive damages may be reasonable if someone purposely collided with your car.
A lawyer will begin by looking into the facts of your case. How did the mishap occur? Were you in any way at blame for what happened? Even if you were, you should be able to recover — but your damages may be reduced depending on how much you contributed to the disaster. Your lawyer will examine your injuries as well.
Did you need to be admitted to the hospital or get any other medical treatment? Was your home or business harmed? Will you need medical treatment or care in the future? Was it necessary for you to take time off work as a result of the accident? When calculating your losses, all of these factors will be taken into account.
Following that, a personal injury lawyer will consider the damages you have incurred as a consequence of your accident. It might be difficult to put a monetary figure on these losses, but an experienced attorney will know how to value a claim for loss of enjoyment of life, pain and suffering, and other damages.
Damages for lost earnings, medical expenditures (including future medical costs), pain and suffering, emotional anguish, and property damage are common in personal injury cases. The final amount will be determined by the details of your case and the location of the event, as judges and juries in various regions have been known to compensate persons injured in accidents in quite different ways.
We have over four decades of expertise helping clients recover from their injuries at The Law Offices of Larry H. Parker. While we cannot guarantee that you will receive a certain amount of compensation, we can assure you that we will do everything possible to ensure that you receive the compensation you deserve for your injuries. We only charge a fee if we are successful in obtaining funds for you, and first consultations are always free. To request a consultation with one of our experienced attorneys, call 800-333-0000.