Each and every personal injury case is unique so it is impossible to assert how much you should expect to claim without analyzing the case properly.
There are certain questions whose answer influence the value of your personal injury case, they include
- How the incident occurred.
- What are the injuries sustained.
- Are there any pre-existing injuries.
- The value of the medical care you have received.
- The worth of your required future medical care.
- Do you have any wage lost.
- Will you be able to return to work.
- Will you have any restrictions on your activities.
- What are the changes in your life.
- Has your spouse or children suffered as a result of the incident.
Factors determining the worth of a personal injury case.
- Medical bills :- Incurred medical bills up to time of settle with those that are presumed to be incurred after settlement throughout the lifetime of the injured.
- Lost wages :- Incurred wage and future lost wages as a result of the injury.
iii. Pain and suffering :- They are more difficult to assess because they are personal and subjected and is the reason behind the non-existence of a program than can accurately calculate personal injury. Human beings alone can subjectively place value on Emotional distress, physical aches and pains, inability to concentrate, Anxiety, depression, Persistent sleep loss including every other discomfort that come as a result of the injury sustained.
The pain and suffering you experience can never be the same as that suffered by another individual. So only you can effectively assess the depth of your pain and suffering. You are entitled to lay claims for past pain and suffering and projected future pain and suffering that arises as a result of the incident.
- Consortium Loss :- This is applicable when the injured party is married. The spouse is entitled to past and future loss of consortium.
- Property loss :- If any clothing, vehicles, or any other property were damaged during the accident, you are entitled to be reimbursed for the repairs or you may be compensated for the market value of the item loss.
- Punitive Damages :- When the conduct of the defendant is perceived to be careless, punitive damages may be awarded to the plaintiff on top of other compensatory award. The goal of punitive damages is to serve as a punishment to the defendant for its conduct as well as to act as a deterrent.
Need for an attorney
If the injury you sustain are minor, you can easily negotiate your own claim but if it is more serious or you are not certain about the claim process, consult an attorney. Most personal injury attorney offer consultation free. In a serious injury case representing yourself may reduce your chances of receiving the desired settlement.