How Much Personal Injury Claim – Many different factors affect the value of a personal injury claim, including the extent of a person’s injuries, the costs associated with treating those injuries, and the amount of coverage available. Experienced personal injury attorneys can review the details of a person’s claim and provide an estimate of the value of your case.
If you’ve been injured in a slip or fall, car accident, or other incident, you’ve likely suffered financially, physically, and mentally along the way. A common question when retaining a personal injury attorney is “how much is my case worth?” Unfortunately, it’s a simple question with a complicated answer.
How Much Personal Injury Claim
Insurance companies typically value a claim settlement using formulas that take into account your injuries, the amount of medical treatment you need, and what they’ve settled similar cases for in the past.
Fundamental Elements Of Personal Injury Claims
It is important to remember that every case is different, but certain factors and laws will likely affect the dollar amount of any injury claim.
If you are unsure about what to do after an accident, you are not alone. The experienced personal injury lawyers at Florin|Roebig know how these insurance companies work and can help you maximize the value of your claim.
The value of a personal injury claim is driven by the size of the injuries involved. Typically, the party found legally liable pays damages to the injured plaintiff to compensate for the losses they have suffered as a result of the accident or injury.
From an economic standpoint, damages place a dollar value on the effects on the plaintiff caused by the accident. The final amount of damages in a lawsuit can be determined either by an agreed amount in a settlement or by a jury in a trial.
State Laws For Texas Personal Injury Claims
In most personal injury cases, the plaintiff’s losses usually fit into two types of damages that form the basis of their claim: economic, also known as “special” damages, and non-economic, also known as “general” damages.
Economic damages or special damages include present and future economic losses. These costs are usually based on amounts that are recorded in numbers along the way. For that reason, it may be easier to calculate a dollar value for these types of losses when building a claim.
Non-economic damages, or general damages, can be more challenging to calculate because they usually account for the physical and mental stress that comes from the accident or injury. This may include the claimant’s physical discomfort and pain – or pain and suffering.
My wife and I had the pleasure of working with Kavon, Neil and Dylan. Lawyers and legal assistants at Florin Roebig were professional, understanding of our situation and always kept us updated on what was going on. I would highly recommend this practice to anyone in need of legal assistance.
Tampa Personal Injury Attorney
The following common compensatory damages often play a large role in determining the value of a personal injury claim:
This amount represents the total amount of bills that have been charged for medical care, even if you did not pay out of pocket at the time you were treated. Medical bills may include therapy and nursing care. If your injury will require ongoing treatment, you may also want to note an estimate of likely future medical expenses.
The value of any personal property that has been damaged or lost in the accident should be considered when making repairs or replacements. Property damage to vehicles is common in car accident cases. However, these injuries can be included in slips and falls or other incidents where personal items such as clothing or possessions may be destroyed.
Personal injury compensation often includes reimbursement for income that you have lost due to the consequences of the accident. Depending on the case, these damages can compensate you for not only the wages you’ve already lost to take time off work to recover, but also your lost ability to work or income that you would have been able to earn in the future, if it was t for the accident.
Should I File A Workers’ Comp Claim Or A Personal Injury Claim In Nevada?
You may be entitled to compensation for other expenses that you have had to pay yourself as a result of the accident. Common out-of-pocket costs include co-pays for medication or treatment, paying for transportation if you are unable to drive, and substitute services such as hiring a maid or lawn care if you are unable to perform these tasks.
A compensation based on the physical discomfort and pain that occurs during the accident and/or afterwards is often described as compensation for an accident victim’s pain and suffering. Pain and suffering is one of the most subjective concepts in the law, and it is important to hire an experienced attorney who can relate what you are feeling to an insurance attorney, defense attorney, or jury.
Persistent pain can also be considered part of your pain and suffering. Typically, the more severe, prolonged and painful the injury, the higher the level of pain and suffering.
Aside from physical pain and discomfort, you may want to seek compensation for emotional distress if an injury has had a psychological impact on you.
Colorado Personal Injury Attorney
Usually found in more serious accident cases, the emotional distress of an injury can indicate:
Depending on your condition, emotional distress may be considered part of any pain and suffering damages in a personal injury case.
Loss of enjoyment benefits typically relate to how an injury affects a victim’s ability to participate in their daily tasks. For example, if an accident-related injury now prevents you from being able to enjoy the same daily lifestyle activities (such as exercise or hobbies), you may want to consider seeking compensation for loss of enjoyment.
These damages aim to compensate a claimant for the effect an injury has had on their close personal relationship, typically the one they share with their spouse.
What Is The Average Payout For A Personal Injury Claim?
For example, you may be entitled to compensation if an injury has caused you to suffer a loss of contact or the inability to maintain a sexual relationship with your spouse. In some states, the impact an injury has on a parent-child relationship may also be considered part of the loss of consortium damages.
The formal finding of fact by a jury on a question or issues submitted to the jury by a judge.
Depending on your state, a tort claimant’s level of fault for causing an accident may reduce the amount of damages a jury would be allowed to award if the case went to trial. As a result, an injured person who shares fault for an accident may find that the value of their compensation claim is at least partially reduced.
If your own carelessness or negligence played a role in causing an accident, the law in your state may require a reduction in the amount of compensation you receive as compensation. The amount that is reduced is usually based on the state where the accident occurred.
Worker’s Compensation Vs. Florida Personal Injury Claims
In some states, damages are reduced by an amount equal to your percentage of fault. In other states, however, any mistake on the part of the claimant can cause the award to be cut entirely.
When it comes to an injured person’s role in causing an accident, states typically follow one of three basic types of negligence rules:
In states that use pure comparative negligence, which includes Florida, damages in a personal injury case are reduced directly by the plaintiff’s percentage of fault for the accident. For example, if you were found to be 30 percent at fault, the dollar amount of your damages would be directly reduced by 30 percent.
The modified comparative negligence standard follows the same pattern as pure comparative negligence, but only up to a point. States that use this method of determining damages based on fault include Colorado and Minnesota.
What Makes A Strong Personal Injury Case In San Francisco?
Under this rule, the dollar amount of damages is still reduced by the percentage of fault. However, if your percentage of fault for causing the accident is determined to be equal to or greater than 50 percent (different states have different limits), you are no longer allowed to collect compensation.
As a result, injured plaintiffs in states that use modified comparative negligence and share fault of 50 percent or more may find that their claims will be reduced in value.
However, this does not mean that any claim will be worthless simply because a claimant is at least partially at fault. Meet an experienced personal injury lawyer at Florin|Roebig to discuss your rights and what compensation you can receive for your specific case.
Between these three standards, contributory negligence is considered the most stringent when it comes to reducing damages for shared fault.
Faq About Connecticut Personal Injury Claims
Contributory negligence prevents an injured plaintiff from collecting damages at all if they are found to be at fault for the accident, regardless of the percentage.
This means that even a 1 percent error found on the plaintiff’s part can drastically lower the value of their claim in states that use this rule. However, the best way to find out if your claim will be affected is to seek legal advice from a personal injury solicitor.
Florin|Roebig’s lawyers have experience in securing compensation for clients who have been injured in accidents. Don’t settle for less. Let our
Personal injury claim form, personal injury claim calculator, auto personal injury claim, personal injury claim examples, personal injury claim amounts, personal injury claim process, personal injury claim lawyers, personal injury claim, personal injury claim settlement, personal injury insurance claim, how much personal injury claim worth, personal injury claim payouts