Evaluating the Worth of Personal Injury Claims

Personal injury claims are not all worth the same amount of money. The type of injury, accident and the responsibility attachable to all involved parties dictate how much an injured party can receive as compensation for his injuries. Therefore, prior to filing a claim or lawsuit for personal injury, it is important to evaluate the worth of the claim.

Value: Past, Current and Previous Medical Bills

The first step in evaluating the cost of a personal injury claim is the amount of medical expenses the injury has cost the injured party. This includes medical expenses from the time of the accident through the present and any medical expenses that an individual can reasonably expect to incur in the future due to the same injury. If the party needs continuous, long term treatment this should also be considered. The more medical expenses a party has, the more likely it is that the court or company will ascribe a higher value to the claim.

Value: Permanent Damage or Disability

The highest value of any personal injury claim is if the party is permanently damaged or injured in a way that he was not prior to the accident. Permanent disabilities are taken very seriously by courts and insurance companies because the injured party will have to deal with the effects of the accident for the rest of his life. Because of this, these injures are often highly compensated.

Value: Mental Distress

The mental aspects of an auto accident injury should also not be overlooked. While less costly than medical bills, an injured party’s stress, pain and suffering, and depression are compensable. However, these injures are only valued when they are directly and undoubtedly related to the accident. Therefore, a party that has sought mental treatment prior to the accident will have a more difficult time proving mental distress.

Value: Responsible Party’s Intent

Some states permit an injured party to obtain punitive damages if it is clear that the party responsible for the injury intended to cause harm. This requires showing that the responsible party had a malicious intent at the time of the accident. If this is proven, the party may be able to obtain damages to punish the responsible party.

Obtaining Legal Advice

If you have been injured and want to know the value of your case, seek legal advice. A lawyer will review the facts of the accident, your treatment and local laws and rules to value your injury.

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