How do you determine the value of my claim?
- Preliminary Matters
- What to do at the scene of an accident?
- What to do after an accident?
- Should I contact police after a car accident?
- How long do I have to report a car accident?
- Should I go to the doctors after a car accident?
- What is a personal injury claim?
- What is liability?
- What do I have to prove to establish negligence?
- The insurance company asked me to sign a records release form. Should I sign it?
- What factors will the insurance company consider when evaluating my claim and formulating an offer?
- What is uninsured or under-insured motorist insurance coverage?
- How long will my personal injury case take?
- Value of Your Case
- How much is a personal injury case worth?
- I have been in an accident but is it worth pursuing?
- How the lawyer evaluates your case?
- What are factors that insurance companies consider while evaluating injury claims?
- How do you determine the value of my claim?
- What damages am I entitled to recover?
- Are there limits on what expenses I can claim as damages in a personal injury case?
- You and Your injury Lawyer
- Do I need a personal injury lawyer?
- Why is it important to talk to a lawyer after an accident?
- When should I contact a lawyer?
- I don’t want to go to court; can a lawyer still help me?
- What kind of accidents do our lawyers handle?
- Is my case big enough for a lawyer to handle?
- Will I have to pay a fee for my lawyer to handle my case?
- How much does a personal injury lawsuit cost?
- How can I help my lawyer to achieve the best outcome in my case?
- What should I bring when meeting with my lawyer for the first time?
- How much contact will I have with my injury lawyer?
- Settlement and Litigation
- How much time do I have to file a personal injury lawsuit?
- How is a personal injury case initiated?
- What happens after a lawsuit is filed?
- What are the different stages of a personal injury case?
- What defences might I have to overcome to win my case?
- What is an examination for discovery?
- What questions will be asked during my examination for discovery?
- What are the elements of a negligence case?
- What is assumption of risk?
- What is a mediation?
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?
Another factor is the plaintiff’s potential strength as a witness at trial. Does the claimant have a history of filing personal injury lawsuits for similar claims? How did he/she perform as a witness during depositions? Would a court perceive him/her as credible if the case went to trial?
Finally, another factor is the dollar amount of recent verdicts and/or settlements for similar injury cases in the jurisdiction. Before jumping into the negotiation process with an adversary, lawyers and insurance companies will often consult databases containing information on past settlements and verdicts.
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Find out what you need to know before contacting a lawyer after an accident.