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What is my personal injury case worth?

Unfortunately, you were rear ended or t-boned by another vehicle as you were driving down the road, and now you have to pay medical bills.  You may even be sent to collections after you incurred a $45,000.00 bill from emergency services. You will also think about what amount is necessary to pay your doctors and to pay yourself.  There is no true formula for knowing the value of your personal injury, but you can use several factors to compute the total losses in your case.  The losses should equal the compensation. After an accident, you can file a lawsuit against the person responsible for your damages. The damages are paid by the person or the company that is responsible for causing the personal injury. The personal injury claim can be settled among the parties, insurers and their attorneys after negotiation or it can be done by the judge after a court trial. The value of your claim can also be affected by factors such as medical care and ongoing rehabilitation. Moreover, if you were not the at-fault party, then the at-fault party's insurance should be required to pay the full cost of your initial medical treatments as well as any necessary rehabilitative or follow-up treatments. If the nature of the driving offense was drunk driving, then the court may also require the at-fault party to pay the victim punitive damages . The total value of your claim could also include compensation for non-economic damages such as pain and suffering which is a type of emotional damage not easily quantifiable by dollar amount.  

Medical Treatment and Damages (Past and Future)

Most personal injury cases with permanent damages have heavy medical bills and therefore the claim amount includes the expenses of medical care that were incurred and that will be incurred in the future.  You will need a Life Care Plan and an Earning Capacity Evaluation.  Everything has to be included in the medical expenses including treatment, medicines and drugs, hospitalization, etc. The damages include the amount that you have already spent on treatment in addition to the estimated costs of treatment in future.  

Loss of Property

In the accident, there will be damages including your personal property like phones, clothes, etc. Even these things add to your claim and hence, you are entitled to receive compensation from the person responsible for the accident. If it was a car accident and you were hit by some other driver, you can claim the costs of vehicle repairs from the insurance company of the driver at fault. You should be compensated according to the market value of the property lost. Add all of your losses on paper, or on an email,  

Pain and Suffering

You have suffered a lot of pain during the accident and also, you have gone through serious discomfort after the accident. It can also leave a psychological effect on your mind. These are nothing but non-tangible ways of suffering due to an accident. You can claim compensation for these types of damages too as the other driver is responsible for such damages.  To know the value of all of these losses, you have to determine the injuries you suffered after the accident and into the future.  

Loss of Consortium

After a serious accident, you often you have to be away from your spouse or your time with your spouse is affected tremendously. This heavily impacts your relationship with your spouse as you also have to suffer from loss of companionship, compassion and often a sexual relationship. Some jurisdictions also consider the impact of personal injury on the parent-child relationship. While calculating all of these losses and life changing experiences, you should think about how all of this information will be presented to a jury.  

Loss of Income

Loss of income is part of the "specials" that are added to your medical bills to compute your personal injury compensation along with any future damages or loss of earning capacity.  Loss of income includes the income that you have lost but also the money that you could have made in the future if there was no accident. The lost opportunities in your career, incentives, and promotions are also considered in awarding the compensation amount. You can consider these points so that you can get the maximum claimed amount after your car accident. Because of injuries, you will also lose out on enjoying your hobbies, sports, meditation, etc. Even these things should be considered when calculating your offer and settlement with the insurance company.  But before filing a lawsuit, make sure that you have all of this information in writing so that your case is stronger and you achieve the desired compensation.    

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Lara Law Firm

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177 N. Church Ave.
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Tucson, AZ 85701

Phone: 520-276-4727
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