Personal Injury Damages: Determining How Much a Case is Worth

The consequences of a Personal Injury may feel like it is too much to handle. Whether you are dealing with physical pain or financial loss due to missed work, there is a lot of uncertainty that follows. Understanding how Personal Injury damages are assessed can help bring clarity during this stressful time because the impact of an injury goes beyond just the physical aspect. While every case is different, the extent of the injury, the circumstances of the accident, and the evidence gathered all play a major role in determining what your case is worth.

Personal Injury Outcomes

When assessing the value of a Personal Injury case, damages are typically organized based on the extent of economic, non-economic, and punitive damages. Each category plays a role in addressing how and the extent to which an injury has impacted someone’s life.

Economic Damages

Economic damages include tangible financial losses that are a result of the injury. Some examples are medical expenses, lost wages and future earnings, and property damage. These are easier to calculate because there is physical evidence through bills, lost income statements, and even receipts.

Non-Economic Damages

Non-economic damages relate to the personal impact that the injury has on the person’s life. While they are harder to quantify, some examples are pain and suffering, loss of relationships, and loss of enjoyment of life. The emotional distress that comes from an injury can impact your well-being and the relationships around you.

Punitive Damages

Finally, punitive damages are less common but are included when the party at-fault is proven to have shown extreme negligence or intentional misconduct. The purpose of this is to hold the responsible party accountable in order to prevent this from happening again in the future. For example, if a doctor is performing your surgery and botches the procedure due to being under the influence of a drug, this case may warrant punitive damages if the doctor’s actions are deemed reckless.

Factors That Determine Case Value

There are many factors that influence how a personal injury case is evaluated. Some of the key factors include the severity of injuries, establishing liability and fault, insurance policy limits, strength of evidence, and legal representation.

Severity of Injuries

One of the most important factors, the severity of the injuries, is evaluated to determine case value. For example, if you experienced a minor sprain, this will not have the same impact as a lifelong brain injury. Permanent injuries carry more weight than those that will heal.

Establishing Liability and Fault

Establishing who is responsible for the injury can be determined if evidence determines that the other party’s negligence directly caused the accident. That being said, there are some scenarios where both parties share responsibility in the accident, which can lower the case value.

Insurance Policy Limits

The at-fault party’s insurance coverage limit can impact the outcome of the case. For example, if the cost of damages exceeds what the insurance policy covers, there may need to be additional sources of recovery, such as personal assets.

Strength of Evidence

Medical records, police reports, and witness statements are all essential pieces of evidence that play a role in demonstrating the extent of the injury and proving liability. If there is not enough evidence to support your claim, it will be more challenging to prove. The more evidence that is collected, the stronger the case.

Legal Representation

The legal system can be complicated. Trying to fight against the opposing party and insurance companies can cause added emotional distress. Hiring a Personal Injury lawyer can help with gathering evidence, negotiating outcomes, and fighting on your behalf.

Talk to Our Personal Injury Attorneys to Determine How Much Your Case May Be Worth

After an injury, the affected individual often has questions about how the case will be evaluated and what comes next. The repercussions can have a significant and lasting impact on your life, including your relationships and overall well-being. Every case brings unique challenges, but hiring an experienced Personal Injury lawyer can help you secure the damages you need to move forward in life. At Jan Dils Attorneys at Law, if you were involved in an accident due to someone else’s negligence, schedule a free consultation today.