What Is My Personal Injury Case Worth?

One of the first questions clients ask their lawyers is how much they think their personal injury case is worth. While it is understandable to want to know how much money they could receive, the answer is not straightforward. Every case has unique qualities, and many factors will influence the value of your case.

Whether you were injured by a negligent driver or the victim of a slip and fall, the value of your personal injury claim will be based on the injuries and losses you suffered. Your personal injury attorney can investigate your accident and compile a list of damages to pursue for compensation. Additionally, any compensation you recover should cover your immediate needs and any future issues that could arise because of the injuries you sustained in the accident.

The Value of Your Personal Injury Case Is Based on Your Damages

When considering what an injury victim should receive for their injuries and losses, your personal injury attorney will consider the various types of damages that their client has suffered:

Compensatory Damages

All personal injury claims will contain compensatory damages, which are the actual expenses incurred due to the injury. A victim’s compensatory damages must take into consideration multiple factors. It is not just what the victim lost in emergency medical expenses and income. Compensatory damages cover the economic and non-economic losses the victim has endured.

Economic damages have a direct dollar value attached to them. They can be demonstrated with bills, receipts, and invoices. Non-economic damages, on the other hand, deal with the victim’s diminished quality of life. Not only should your compensation cover past losses, but it should also include possible future expenses to accommodate your new condition.

Some of the possible damages in your personal injury case may include any of the following:

• Medical bills: Your compensation should cover any emergency medical services, hospital stays, doctor’s visits, medications, transportation, medical devices, and any handicap vehicle or in-home modifications.
• Rehabilitation and therapy: In addition to your medical care is the rehabilitation needed to recover from the accident, which could include occupation therapy, physical therapy, and emotional and mental counseling.
• Pain and suffering: You may recover damages for the physical pain and emotional suffering you experienced from the accident, during your recovery, and after.
• Loss of enjoyment of life: Whether it is due to a permanent disability or emotional trauma, if you can no longer enjoy hobbies and activities you once did, you can seek compensation for this loss in your quality of life.
• Loss of consortium: The strain an accident can have on a family is a serious concern, and sadly, it can lead to marital issues. If your accident has affected your relationships, your attorney can request damages for you.
• Lost wages: Time off from work while you recover from the injury can be pursued through a personal injury claim. Depending on the circumstances of your employment, this damage may include bonuses and tips. You may even have grounds to request financial compensation for lost promotions.
• Reduced earnings: If your injuries are permanent and affect your ability to return to your old job, or you are unable to work at all, you can seek compensation for this loss.
• Property damage: If a vehicle or other property was damaged or destroyed, repair or replacement values will be included in the personal injury claim.

These are just some of the possible damages that could be included in your personal injury claim to the insurance companies. Your accident attorney can compile a full list for you.

Wrongful Death Damages

If you and your family have just lost a loved one in a negligent accident, we are sorry for your loss, and you deserve the time to grieve. Money cannot replace your lost loved one, but the compensation you receive from a wrongful death case could help you and your family recover. A wrongful death attorney can assist in your pursuit of fair compensation.

Punitive Damages

Some clients may receive punitive damages from their cases. Punitive damages are meant as a punishment. They are levied against the defendant if the courts find that their negligent actions were harmful. Most personal injury cases only have compensatory damages, with only rare, extreme cases including punitive damages.

Factors That Can Influence the Value of Your Personal Injury Claim

Beyond collecting evidence on your damages, you also need to consider other factors that influence the value of your personal injury case. Some of these factors include:

• The severity of the injury and whether there will be any permanent or lasting disability
• How much insurance coverage or assets the at-fault party has to cover the claim
• Whether the victim’s statements can be validated with evidence
• The victim’s percentage of fault in the accident
• How the injury will impact the victim’s career and future

All these factors contribute to the value of the case and make the claim process very complicated. Investigating the accident to collect evidence of negligence and negotiating a fair settlement agreement with the defendant and their legal team is why personal injury claims can take several months to a few years to resolve.

You Have a Limited Amount of Time to Resolve Your Claim

In most instances, once your attorney has built your case, they will submit your personal injury claim to the liable party’s insurance company. However, each state carries a statute of limitation. This is a legal deadline to file a personal injury lawsuit. For example, you have two years from the date of the accident to file a lawsuit in a Georgia court under O.C.G.A. § 9-3-33.

If you and the insurance company cannot reach a fair settlement, you can take your case to court and have the court decide the value of your case. Be advised that a lawsuit could also influence the value of your case. You may receive a much larger court award, but the legal process removes any control you may have. Alternately, if the statute of limitations expires, you could be left with whatever low settlement value the insurance company decides.

Call the Law Office of Dwayne L. Brown About the Possible Damages in Your Personal Injury Case

If you have been injured by a negligent party, it is worth your time to contact the Law Office of Dwayne L. Brown. With over 30 years of experience, our personal injury lawyer can evaluate your case and explain your legal options.

For a free personal injury consultation, call our office to speak to our legal team.