What Can I Claim?

The value of your claim depends on several factors.

First, is the evidence clear regarding the issue of liability? Was it the defendant’s fault entirely, or did the plaintiff contribute to the happening of the accident through his own conduct?

Secondly, how serious are the injuries? Was the plaintiff diagnosed with a condition that can be verified from an objective medical standpoint? Objective injury cases tend to be more valuable than cases where the plaintiff has only subjective complaints. With subjective injuries, such as soft tissue injuries, medical experts may disagree significantly as to the “severity” of the condition because the level of pain and suffering may vary considering from person to person.

A third factor is the nature and extent of medical treatment for the injuries in question. For instance, has the claimant been put on a regimen of prescription medication to address pain or inflammation from the injury (and if so, does she experience unpleasant side effects as a result of the medication)? Was the pain so severe that the claimant elected to undergo epidural steroid injections on one or more occasions? Did the claimant undergo back surgery or is such surgery scheduled for the future? Is the procedure in question a mere discectomy or laminectomy (as opposed to a vertebrae fusion, for example, which involves placing hardware inside the body permanently)? Has the claimant been forced to travel to physical therapy sessions on a weekly basis for the past two years following the accident?