Have you ever been involved in a car accident or suffered another injury that was not your fault. You are in pain, you may not be able to work, you have medical bills and you really want to know how much you would be entitled to. You want to be fairly compensated for all your pain and suffering. There are a number of factors that are important in determining how much your personal injury case is actually worth.
Here are the top 5 factors:
1. Severity of your injury– a broken bone is worth more than a soft tissue injury. A herniated disc impinging on your spinal cord is worth more than a bulged disc.
2. Amount of medical bills and out of pocket expenses- The amount of your medical bills is another factor in determining the value of your case. The more your bills, the more your case is probably worth. In some cases, your bills may be covered fully under P.I.P. benefits from your own auto insurance company. This in turn reduces your “out-of-pocket” expenses and hence the value of your case.
3. Liability– If you are deemed 100% NOT at fault for the accident then this is a positive factor in the value of your claim. If you are partially at fault, your percentage of fault is subtracted from the amount of your award, and the value of your claim is diminished.
4. Prior Injuries – If you have significant prior medical issues, it may affect the value of your claim either positively or negatively. There is a saying in the law that you take your victim as you find them or that person is an “eggshell plaintiff”. An aggravation of prior injuries is a significant factor in the value of your claim.
5. Prior Claims– Every time you bring a claim for personal injuries, it is being recorded in a database that the insurance company will use against you. It raises questions about your credibility and suggests that you are a very litigious person. This affects the value of your claim. Juries tend not to like litigious people and award less money in those circumstances.
You should always consult an experienced personal injury attorney to represent you and guide you through the claims process.
