How To Determine the Value of Your Personal Injury Lawsuit

If you are going to file a personal injury lawsuit, or if you have been offered an out-of-court settlement related to your personal injury, you may need to know how to determine the value of your case. There are a number of factors that go into determining the value of your personal injury lawsuit, including what the law is in your state and what the nature of your injuries is.

Knowing the Law

Different states have different laws for certain types of injuries. For example, if you live in one of the twelve no fault states, you are not permitted to file a lawsuit for car accidents unless the injuries are classified as serious under the law. Serious injuries may include permanent disability, disfigurement or death. Unless your injuries rise to this level of "seriousness," then your recovery is limited to making a claim with your own insurance carrier under personal injury protection.

When you make such a claim, you are entitled to recover only your actual medical expenses and lost wages, up to your policy limits. Unfortunately, this means that you do not recover damages for pain and suffering in such cases, and your claim is only worth the amount you actually spent.

When You Can Sue

In the no fault states, you are permitted to sue if your injuries are serious. You are also generally permitted to sue for other types of personal injury lawsuits. In other states, you can generally sue for any type of personal injury- regardless of the seriousness.

When you do sue, there are a number of different potential damages you may be entitled to including:

Medical bills
Lost wages
Pain and suffering
Emotional distress
Punitive damages
Wrongful death damages
Loss of consortium or loss of companionship

Medical bills and lost wages, referred to as economic damages, are easy to calculate. The other types of damages can be more difficult. The more serious the injury, the more likely it is that your damage claim will be worth more.

Limitations

You should also consider what, if any, limitations exist when trying to put a value on your claim. For example, some states have instituted caps on non-economic damages. For example, California only allows plaintiffs to recover up to $250,000 in non economic damages in medical malpractice cases. Most states limit punitive damages to situations where the defendant acted intentionally or egregiously. When punitive damages are permitted, there is usually a monetary limit on those as well.

Getting Help

If you have been involved in an accident and are considering bringing a personal injury lawsuit, consult with an experienced personal injury attorney who can provide you with detailed information about what potential recovery may be available to you.

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