How To Determine The Worth Of A Personal Injury Case

Posted by on Mar 8, 2016 in Personal Injury |

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.

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There are certain questions whose answer influence the value of your personal injury case, they include

  1. How the incident occurred.
  1. What are the injuries sustained.
  1. Are there any pre-existing injuries.
  1. The value of the medical care you have received.
  1. The worth of your required future medical care.
  1. Do you have any wage lost.
  1. Will you be able to return to work.
  1. Will you have any restrictions on your activities.
  1. What are the changes in your life.
  1. Has your spouse or children suffered as a result of the incident.

Factors determining the worth of a personal injury case.

  1. 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.
  1. Lost wages :- Incurred wage and future lost wages as a result of the injury.

 claims-for-personal-injuryiii. 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.

  1. Consortium Loss :- This is applicable when the injured party is married. The spouse is entitled to past and future loss of consortium.
  1. 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.
  1. 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

 personal-injury-claimIf 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.

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How To Determine If You Should File A Personal Injury Case

Posted by on Mar 8, 2016 in Personal Injury |

Nothing disrupts our life more than an injury. We suffer physically and financially. We miss work and acquire medical bills. If we are injured in an automobile accident we must suffer the frustration, mental anguish and stress of repairing or replacing our vehicle. The world does not stop because we are hurt. We struggle to continue and the struggle is real. Inform yourself more on Dallas personal injury lawyers.

When the injury we suffered was due to the careless actions or negligence of someone else it adds insult to injury. In America we hold people accountable for their actions. When their actions hurt or kill someone; the law demands compensation. But how do we know when our injury merits a personal injury claim? There are three basic elements to prove. They are:

You suffered personal injury or have financial damages.

The defendant caused your injury (directly or indirectly through carelessness).

A third party is responsible for your injury.

When-Interviewing-Attorneys-to-Handle-Your-Personal-Injury-Case

If there is a third party involved that is responsible for your injury, they must be identified. A personal injury attorney can help identify the third party and assist in holding them accountable. In some cases the injured party is partially responsible for the injury. The attorney can help the injured person or persons determine how much of the responsibility falls on them. This does not however mean the other party is not financially liable as well.

personal-injuryThere are many ways a person can become injured. They may be involved in an automobile or truck accident. They may have suffered a fall on someone’s property. They may have been injured by a defective product or consumed a drug that had damaging effects. They may have been hurt due to a doctor’s neglect or error. However they are injured by the actions or neglect of another party, the law demands they are made whole.

Many people do not understand what they are eligible to be compensated for when they are a victim of a personal injury. There are many things that an attorney will recognize as a compensation expense that the average person may not consider. Here are a few things that are considered when settlements are being considered:

  • All associated medical expenses
  • The value of any property that was damaged or destroyed or lost due to the accident
  • Lost wages from being unable to work due to the injury
  • Physical therapy or rehabilitation expenses
  • Loss of companionship due to a death of a loved one due to the accident
  • Compensation for disfigurement
  • Compensation for pain and suffering due to the injury
  • Lost future income due to the inability to return to work

Case-managers-playing-a-critical-role-after-a-catastrophic-injury

It is important to note that insurance companies are skilled at getting victims to settle before they realize all the compensation that is due them. It is wise to consult an attorney before giving any statements (oral or written) and before accepting any offers of settlement.

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