Posted on: February 18, 2014
Attempting to determine the precise worth of an injury claim is dependent on the nature of the accident, the extent of damages, laws applicable to your unique situation, and many other factors.
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Is there a specific formula for calculating the worth of an injury claim?
Unfortunately, there is no hard and fast method or mathematical equation which can determine the precise worth of your case. Due to the unique nature of every claim, the court is always forced to take a look at a number of separate factors when making a ruling. A skilled law firm, however, may be able to give you a rough range concerning the compensation you might expect. After dealing with enough cases and claims, savvy attorneys generally start to gain a greater sense of the types of payouts plaintiffs may receive.
What are some of the factors which may determine the worth of my claim?
The court will often take a look at your medical bills, lost wages, and pain and suffering prior to deciding on an eventual ruling. Depending on the nature and severity of your injury, different consideration will be paid to each of the three aforementioned factors. In other words, they’ll each be weighted differently.
Do worse injuries mean more money?
The nature of your injury will often have a massive effect on the type of payout you might expect. Devastating injuries, including spinal cord and brain damage, will often take a huge toll on the life of the victim, warranting a far larger settlement. If your injury has forced you to stop working, or requires constant medical care and treatment, the worth of your specific claim will presumably skyrocket.
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What about property damage and personal possessions?
Say that your vehicle and clothing were also destroyed as a result of an accident. If these factors can be proven, the damages will oftentimes be reflected in the payout received by the plaintiff. The court can take a look at the market value of the lost items, and work from there.
If I caused my own accident or injury, can I still gain compensation?
Depending on the location of the accident, the law will generally not allow an injured person to recover money damages for injuries that the plaintiff themselves caused beyond what is covered by insurance for at-fault accidents. Of course, it must be proven that no other factors were at play when the claimant sustained their injury. It’s important to evaluate how a particular jury may determine fault for anyone and everyone involved in a particular case.
How will my preexisting medical condition affect my case?
In many cases, preexisting medical problems have been shown to reduce a claim’s worth. This fact rings especially true if your preexisting condition is directly involved with the portion of the body damaged by the accident. When initially evaluating a claim, it’s of great importance to consider the state of your body prior to the accident.
What effect will my current employment have on the worth of a case?
If you’re unable to perform your current job because of an injury, it can cause profound economic strain in your life. Depending on the occupation and age of the plaintiff, the court may award a larger settlement to an individual that can no longer function throughout the workplace. Employment status will often weigh heavy in the determination of a claim’s worth.
Will my attorney have any bearing on how my case is tried?
The experience and reputation of your selected attorney can certainly play a role in the compensation you receive. The possibility of a case going to court is a factor which insurance companies and defense lawyers may use to evaluate a case. If you happen to reside throughout the Greenville, SC or Charleston, SC region, it’s imperative that you work with a law firm that’s not afraid to enter the court room and sit in your corner. Be sure to speak with one of the talented professionals at George Sink, P.A. Injury Lawyers, and schedule your free consultation today!