After a car accident, the chances are that you will suffer physical, emotional, and financial damage. A common question that most victims ask is how much is my personal injury case worth? It may sound like a simple question with a straightforward answer, but it is not. For once, each car accident case is different, producing different outcomes. That means there is no one standard amount one can get. And while some damages are easy to quantify, such as medical bills, how do you quantify pain and suffering?
Deciding on The Value of a Personal Injury Case
The worth of a personal injury claim is determined by the damages involved. Here are the different types of damage commonly found in personal injury cases.
A personal injury case will always involve injuries, hence the name. That means the victim will go to the hospital to receive medical care. One has to be compensated for the medical costs they will incur, including future treatments or medical care needed because of an accident.
Pain and Suffering
Victims may be entitled to compensation for the pain and suffering they went through after the accident. Basically, pain and suffering are the loss of happiness and comfort that results from an accident.
This falls under damaged property, whether it is a car, motorbike, or any other item. Victims are entitled to compensation for the cost of repairing or replacing the damaged items from the accident.
If the accident affects your income, you are entitled to compensation for the lost income. This also includes money you would have made in the future were it not for the accident. In legal terms, this falls under a victim’s loss of earning capacity.
Emotional distress often results from severe accidents. Besides the physical pain, you can seek compensation for the emotional distress or the psychological impact of the accident. Some signs of emotional distress include fear, anxiety, depression, stress, or even post-traumatic stress disorder (PTSD). At times, emotional distress can be classed as pain and suffering.
Loss of Consortium
Loss of consortium damages is related to the effect of a victim’s injuries on the people closely associated with them, e.g., a spouse. For instance, if an injury has caused you to lose companionship with your spouse, you may be eligible for compensation.
Loss of Enjoyment
These are damages that prevent you from enjoying your usual pursuits like exercising, hobbies, and other recreational activities.
Most people are often not aware of the extent of their damage. In most cases, they only consider present injuries and property damage. Visiting the law offices of Steve Gimblin can help you figure out how much your injury case is worth.
A Plaintiff’s Action Can Also Affect the Settlement Awarded
Even if you have been injured in an accident, the role you played in the accident can reduce the amount of compensation you get. Here are some basic negligence rules that can affect the amount awarded.
- Contributory negligence: A few states are strict when it comes to this, where the defendant is not allowed to get any compensation for the accident if they are found to be partially responsible for the accident.
- Comparative negligence: If you are found to be partially responsible for the accident, the compensation you get is also reduced. So, if the investigation finds you are 20% responsible for the accident, the compensation to be awarded is reduced by 20%.
Before a victim is awarded a settlement for a personal injury case, there is so much to be considered. A process you may assume will take at most a month may even take a year. Working with a personal injury lawyer is always recommended. After analyzing your case, they can prepare you for the amount you can expect, and they can also push for a speedy process.