Valuating a Personal Injury Case

In order to bring a claim for an injury, one must prove the elements of an injury claim which are explained in more detail in our article, Elements of an Injury Claim. The key element is proving that there was negligence and that negligence was the cause of the injury.  The value of a claim can be higher if the negligence is such that a jury would be outraged by the act, or failure to act. 

Subjective Issues of Case Valuation

The person injured can get more money based on whether the jury is sympathetic to the injured party, likewise; an injured person might get less if the jury is not sympathetic to him.  One example might be a person who is drunk when he gets hurt falling over a carpet in his apartment building.  The jury will have to consider first if the cause of the injury was the drunkenness or the rug that was not flat in the hallway of his apartment building.  Even if the jury finds that the manager of the building is negligent for not taking care of the carpet, they may not want to award money to the injured because they might believe his drunkenness was a factor.

• If you need legal assistance with an Injury Claim, click here for a Free Consultation with an Accident Lawyer near you to discuss the details of your case.

Common Items an Attorney will Want Compensated

Each injury case is very fact specific and an experienced attorney can help form the facts of the case to present them in the most favorable light to a jury. While the factors a jury will consider will vary from case to case, the following is a list of the most common types of compensation for personal injuries:

Current Medical Costs and Wage Loss

Any medical bills will be paid, or theinsurance company might be reimbursed by the negligent party.  Also if an injured person missed workdue to the accident or due to getting medical treatment during work hours, the wages lost will be reimbursed. These costs are usually the easiest to prove and the most likely to be paid.

Pain and Suffering

Some injuries from an accident are not physical and cannot be seen on an x-ray.  Some victims suffer post-traumatic distress syndrome after a car accident.  Some people can no longer get in a car.  Some cannot perform daily household chores because of the pain from their injuries, even though they may be able to go to work and sit at a desk.  Some people suffer serious mental injuries after a car accident and there is compensation for their pain and suffering.

Replacement Services

If you have to hire someone to do the things around your house that you can no longer do because of your injury, you can be compensated for that expense.  You may need to hire a cleaning service, or send your laundry out because you cannot carry it up and down the stairs.  If you are the primary caretaker of the home, you may be able to receive compensation if other members of your household had to perform the chores you would do if you were not injured, even if you do not pay them to do that work.

Future Wage Loss and Future Medical Treatment

If there is a possibility that your injury will keep you from work in the future, or if you might need surgery some time down the road, you may be compensated for that possible loss.  Each person can only file suit once on an accident.  If an injury gets worse over time, and your case has been decided or settled, you cannot come back later and sue again.  The fact that you only get one chance to recover all possible losses allows you to make a claim for possible future wage loss or medical treatment.  You may end up needing more money than you receive, and you may not need it at all.  Due to the guesswork involved in this type of compensation, it is very fact-specific and will be up to the jury to weigh the evidence in making a determination of future losses.

Loss of Consortium

In most states, this claim can only be made by a spouse.  When a spouse is injured and cannot participate in the marriage in a normal, physical way, the non-injured spouse can be compensated for her loss of companionship and a sexual partner.

Punitive Damages

Similar to all other forms of compensation, different states set different standards and limits on punitive damages.  Punitive means to punish.  These are damages that a jury might award a car accident victim if the person who caused the accident did so in such a manner that it was careless, grossly negligent, or intentionally reckless and they think a financial punishment is in order.

• If you need legal assistance with an Injury Claim, click here for a Free Consultation with an Accident Lawyer near you to discuss the details of your case. This website is for informational purposes only.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.