Before you file a personal injury case, you have to evaluate it and see whether it is worth it or not. There are various factors that determine whether a case is worth the effort. The ultimate goal of a personal injury case is to get compensation for the losses you have endured. So how do you value your claim?
Almost all injury cases are different, but one fact they all share is that the victim is seeking compensation. If you can prove that your injury resulted from somebody else’s negligence, you are entitled to compensation.
However, personal injury cases require skill and experience from professionals like the lawyers the Agruss firm has. The main factors contributing to the compensation amount are the following.
If any medical bills arose due to the injury, the compensation should account for them. It does not matter whether the bills are in the past or the future. Any medical equipment or therapy you need should be covered. The costs also include other expenses like transportation to the doctor.
In some cases, the injury sustained can result in missed workdays, meaning lost wages. Other times the injuries are so extensive that you can only work in a lesser capacity than you did before.
If that affects your salary in any way, the compensation should cover the difference between your previous earnings and present ones. In cases where irreversible damage happens, victims often get 100% compensation for the lost wages.
Other than the obvious physical damage that injuries cause, there are other unseen damages that could disturb your way of life. Emotional issues like depression, PTSD, insomnia, or anxiety could also affect your well-being. If any of that was a result of the accident in question, you deserve compensation for it.
In a personal injury case, the pain and suffering are estimated by multiplying the economic loss by a designated number. That is often done when dealing with insurance companies. It is crucial to determine the amount of pain and suffering you have experienced from the accident to arrive at a worthwhile compensation amount.
There are other determinants of your compensation amount, like insurance limits and comparative negligence. If the insurance company of the party at fault has a certain limit to their policies, they can only pay so much. You have to negotiate the balance with the person or company you are suing directly, which could be tedious and fruitless.
If it is determined that you were also at fault or partly to blame for the injury, the compensation may not be as much as you had imagined. These two factors are also important because they could bring the worth of your case down.
Besides a good law firm, you need to collect enough irrefutable evidence to back up your claims. Therefore, you should arm yourself with:
Additionally, talk to professionals in different relevant fields like medicine to break down your situation and an economist to assess your economic losses. In most cases, you only get one chance to present a winning argument and go home with a worthy compensation. Therefore, it is crucial to have your facts backed up with the correct evidence to prove your case.
The trick to winning a personal injury case is partnering with a reasonable attorney and collecting every piece of evidence needed for the case. Of course, sometimes even that is not enough, but a good lawyer will let you know whether the case is worth all the time, money, and attention or not.
There are times when the lawyer can recommend an out-of-court settlement, and other times you have to go through the entire process. Make sure you prepare for both scenarios either way.