Important Factors in Determining the Value of Your Injury Case


It’s impossible to tell you the value of your injury claim before a verdict is actually reached. If you suffer injuries in a car crash that was not your fault, you are entitled to a certain amount of compensation. There can be hundreds of different factors that can determine what the eventual recovery will be.

Your Injury and Resulting Losses

The more severe your injury then the greater the likelihood is that you have bigger medical bills for surgery, therapy, and treatment, which means the higher the value of the claim. For example, a broken leg that requires surgery to repair is going to have a bigger claim value than just a broken arm that requires a cast and no surgery. Different types of injuries, such as whiplash or a spinal injury, may have worsening effects through your life but the claim value will be less than the broken arm that heals in a few months. This may be true even though the medical bills are going to be higher for whiplash than a broken arm. The reason for this is because jurors don’t like any injury that can’t be seen. It’s easier to see the X-ray of a broken arm than the discomfort and pain from a whiplash injury. It might be hard to sell the argument that whiplash can cause resulting complications for the rest of your life. A more sympathetic jury means a higher award, and the more understandable and visible the injury is, the more sympathetic a jury can be.

Whether or Not You Are Able to Work

A big factor in a personal injury case is if your injury prevents you from working and you have lost income. In some cases, it may not be possible to work at all while recovering from injuries. In other cases, it may be possible to work but not at the same level as before the injury, and this means a lower income. You should be compensated for any lost income.

The Amount of Insurance Available

Part of the value of your claim is what you are able to get for it. The maximum amount of money that can be part of a settlement regardless of the type of injury is going to depend on the amount of insurance available. It doesn’t usually make economic sense to pursue beyond the amount of insurance coverage that the defendant has.

How You Handle the Insurance Carriers

How a victim handles communication with the insurance companies can play a role in the compensation received. It’s important the victims don’t give recorded statements to adjusters or sign over full medical records. This could impact the value of the claim.

How Much Evidence Is Available?

Personal injury cases resolve around the evidence to prove that another party was liable. If there isn’t enough evidence in the case, then it’s likely that the victim won’t be able to receive enough compensation.

Precedence in Similar Cases

Many courts use precedent since it will save time for the court case. If a similar case has already been heard, then most of the work is already complete. Past verdicts of similar cases could help a judge go a certain way and affect the amount of money you receive.

The Location of Your Case

Courts in different jurisdictions can have different court rules and rules of evidence, which affect your ability to prove the case. This means the jurisdiction of your case will play a role in the types of damages that you are able to recover and what evidence is going to be allowed.

The Judge or Jury in Your Case

Unfortunately, the judge assigned to your case can be a big factor in the value of your claims. Some judges have bias against personal injury lawsuits and are pro-defendant. Others are more sympathetic to an injured accident victim. Judges make rulings about what evidence will be allowed and the instructions the jury gets. Jurors can also come with their own prejudices and biases in a case that can affect the outcome.

Your Legal Team

The reputation and work of your legal team can also play a role. When lawyers deal with insurance companies that know them and their reputation, a fair settlement may come easier. The judge may also have a past relationship with a lawyer to also make it easier to get your compensation. Having a lawyer in a personal injury case can make all the difference when it comes to getting the money you need.

Like it? Share with your friends!



Your email address will not be published. Required fields are marked *

error: Hey Butler Content is protected !!