Several factors influence the value of a personal injury claim. Some of these factors include how severe the injury is, treatment cost, future losses, etc. The insurance company's coverage limit also plays a massive role in how much compensation a person can get from a personal injury claim.
In truth, the odds of estimating the worth of a personal injury claim correctly is low. However, an experienced attorney can help come up with a feasible estimate based on some specific criteria. Therefore by filing a personal injury case with an attorney, you can avoid making a claim that is too high or too low.
There are two main classes of damages when it comes to personal injury claims—the
economic and non-economic damages.
Economic damages cover both the present and future financial losses. The cost of these types of damages is easy to calculate since they involve real monetary losses incurred as a result of the accident.
Listed below are some examples of economic damages that a personal injury plaintiff can get compensated for.
Loss of vehicles, clothes, and other valuable material due to the injury is often time reimbursed. The reimbursement can be in the form of repairs, while others can be in cash but at a fair market value.
Most personal injury accidents often result in the need for expensive medical treatment. As such, the victim is entitled to reimbursement. To get medical treatment reimbursement in a personal injury claim, the victim might need to show proof of hospital bills and doctors' reports.
A personal injury victim is also entitled to get compensated for lost income. Since it is likely that they have missed out on some workdays or maybe lost their job due to the injury, they are entitled to monetary compensation for the lost wages. Victims can also get compensated for future income losses. This is usually referred to as "loss of earning capacity."
Unlike economic damages, non-economic damages are challenging to measure. This is simply because their economic value can not be derived by adding up numbers on some bill reports or receipts.
Examples of non-economic damages include:
Pain and Discomfort
A victim may be compensated for discomfort and pain resulting from the injury and those that may arise in the future. The nature of the injury suffered, and the type of medical treatment required is usually considered when determining the compensation for pain and discomfort.
Emotional distress such as insomnia, fear, and anxiety caused by the injury can also be compensated for. Basically, all psychological impacts of the injury on the victims' daily life can be compensated for.
Effect Of A Plaintiff's Action Or Inaction On The Compensation Awarded.
In some personal injury lawsuits, the actions or inactions of a plaintiff may reduce the value of compensation awarded. Example of this includes:
In some states, contributory negligence is considered in personal injury cases. Meaning if you were partially responsible for the accident. You may not be awarded any form of compensation
In cases where you are found to be at fault, damages awarded may be reduced due to this.
Negligence to Mitigate The Damage
After the accident, the plaintiff is expected to take steps to reduce the economic effect of the injury. An example of this is making sure to get the necessary medical treatment. Failure to do this may cause a drastic reduction in the damage award.
Determining the exact value of a personal injury lawsuit is almost impossible, as each personal injury case is unique. The jury determines, most times, the worth of a claim.