How Is The Value of a Personal Injury Case Determined?
Before you decide to pursue a personal injury suit, you may be wondering how much your case is valued and if it will even be worth it in the end. While it would be incredibly helpful to know exactly how much your case is worth from the start, oftentimes that is not possible. Attorneys may be able to give you a rough estimate, but in truth, no reliable attorney knows the exact value of a case from the beginning.
Every personal injury case varies based on the person and their circumstances. Pain is a subjective feeling, and there is no precise way to quantify pain in the form of money. Thus, the value of a claim is determined on a case by case basis. Several factors affect the value of a personal injury claim, and this article can give you a good idea of how much your case might be worth.
Types of Damages in a Personal Injury Case
There are two different types of damage that are considered in a personal injury suit: compensatory damages and general damages. Compensatory damages refer to the out-of-pocket expenses that result from the plaintiff’s injury. They refer to medical bills, lost wages, and damage of property. General damages, on the other hand, and slightly more complicated. A price on general damages cannot be determined as easily as special damages. This is because general damages refer to the trauma a plaintiff experiences because of the defendant’s negligence. Examples of general damages include but pain and suffering, disfigurement, psychological trauma, and physical impairment.
Severity of Injury
The severity of injury has a significant impact on the value of a personal injury claim. The more life-threatening and irreversible an injury is, the higher the value of the case will be. For example, a serious spinal cord injury will typically warrant more compensation than a fractured arm. Severity of an injury is usually determined by how much the plaintiff suffered, the extent of medical expenses and lost wages, and how much the plaintiff’s daily life has been affected by the injury.
Comparative Negligence Rule
A personal injury claim may also be affected by the party at fault in an accident. Florida has a comparative negligence rule that can reduce the amount of compensation a plaintiff receives if they were partially at fault. Thus, sharing fault in an accident may end up lessening the value of a personal injury case.
Previous Injuries
If a plaintiff has pre-existing injuries or conditions, an insurance company may attempt to use that against them. By pointing out previous medical afflictions, the defendant’s side may try to argue that they were not the direct cause of your injuries. This strategy can threaten the legitimacy of your claim, which may lessen the amount of compensation you receive.
Searching For a Personal Injury Lawyer?
If you have been injured because of another person’s negligence, you may be eligible to file a personal injury suit against them. By pursuing legal action, you will be able to receive monetary compensation for the damages you have experienced. The Orlando personal injury lawyers Payer Law are here to help ease your burdens. To discuss your legal options and maximize the compensation you receive, please do not hesitate to reach out to one of our experienced lawyers today. If you are interested in scheduling a free consultation with us, give our office a call at 866-930-1238.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.73.html
https://www.payerlawgroup.com/what-to-expect-in-personal-injury-lawsuits/
