Vents MagaZine Music and Entertainment Magazine
Related Articles
If you sustain injuries in an accident caused by someone’s negligence, you’re probably wondering about the value of your claim. Will you receive enough in compensation to cover your expenses and other damages or will you be stuck paying out of your pocket?
Several factors often go into determining how much you may receive in compensation. So, what are the factors affecting the value of a personal injury claim? We’ll take a look at what often determines how much a claim may be worth.
The Severity of Your Injuries
A primary factor determining the value of a personal injury claim is injury severity. Your claim’s value is often higher when injuries are serious. Why do your injuries play such a prominent role in your claim’s value?
Medical costs are typically higher when injuries require extended treatment. Serious injuries often mean an ambulance ride to the hospital from the accident scene. Rides in emergency vehicles are expensive, and then you’re factoring in the ER visit, and potentially an extended hospital stay.
If your injuries result in disfigurement or permanent disability, you should expect to see these long-term expenses included in your personal injury claim. To help make sure that you receive compensation for your injuries, save all of your medical documentation. This includes any bills, receipts, prescriptions, and referrals for ongoing treatment.
Pre-Existing Medical Conditions
You can’t claim the accident is responsible for a pre-existing condition. For example, if you’re diagnosed with brittle bone disease you can’t claim your pre-existing medical costs.
However, if your condition increases your risk of sustaining an injury in an accident, the eggshell skull rule may apply. This is also a doctrine insurance companies try to fight whenever it pops up in a personal injury claim.
So, how does the eggshell skull rule work? Using brittle bone disease as the continuing example, your pre-existing condition means you’re more likely to suffer a broken bone in an accident.
Even a minor fender-bender can result in a broken bone even if the vehicle impact barely leaves a mark on your vehicle. Since the accident is minor, most insurance companies will try to avoid paying the full value of your injury claim.
Once again, this is when your medical records can provide crucial evidence of both your pre-existing condition and your injuries sustained in the accident.
Lost Income
Did you know your personal injury claim can include your lost income? This can be your current and even future wages. If your injuries force you to miss work during your recovery, you can list this as economic damage.
If your injuries are severe enough to prevent you from returning to work or resuming the same position, your claim can also include lost future earnings. Your pay stubs can help support this part of your claim. If you’re claiming lost future earnings, your medical records can help show you’re unable to return to work.
Something to consider is disability insurance, which can affect your personal injury claim. For example, if your injury occurred on the job and you filed a workers’ compensation claim, you probably can’t include lost income.
Workers’ compensation typically covers lost wages but the benefits can be limited so it’s a good idea to talk to a personal injury attorney before filing an injury claim.
Insurance Caps
Most insurance policies have caps and this will affect the value of your claim. You can’t file a claim for more than the insurance company’s maximum limit, and this can apply whether you’re filing a claim with your insurance provider or the at-fault party’s carrier.
Some states also have caps on personal injury claim awards but this typically only applies to ones naming government entities as defendants. You may also run into caps on punitive damages but this is usually only awarded in cases involving gross negligence. A commercial truck driver getting behind the wheel while intoxicated can be an example of gross negligence.
Punitive damages are only awarded by a judge or jury in civil lawsuits. You can’t request punitive damages if you’re filing a personal injury claim against the at-fault party’s insurance provider.
Non-Economic Damages
Your non-economic damages are typically things like pain, suffering, mental anguish, and loss of life enjoyment. Pretty much any personal injury claim can include non-economic damages.
Since your non-economic damages don’t come with a handy price tag, calculating the value can be tricky. You can use either the multiplier or per diem method. Both methods look at the severity of your injuries to calculate the value of your pain and suffering. Your attorney can help you decide which method adds the most value to your personal injury claim.
Your Role in the Accident
More than one individual can be responsible for an accident, and this can ultimately impact the overall claim value.
Some states follow comparative negligence rules, which simply means two or more parties are responsible for causing the accident. As long as you’re not assigned more than 50% of the blame for the accident, you should be able to file a claim.
How does comparative negligence work? Usually either the authorities or insurance adjuster assign blame. If you disagree, you can file an appeal in civil court and let a judge decide who’s at fault. Your compensation amount is reduced by your percentage of fault.
So, if you’re assigned 25% of the blame and your personal injury claim has a $100,000 value, you receive a compensation check for $75,000.
Adding to the possible confusion is modified comparative negligence, and this may allow individuals to file an injury claim even if they’re 99% responsible for causing the accident. Check with an attorney about the laws in your state.
Working with an Attorney Can Increase the Value of Your Personal Injury Claim
Even though there isn’t a law requiring you to work with an attorney, it’s usually still a good idea to do so regardless. Determining the value of a personal injury claim can be complex, even before factoring in comparative negligence.
Working with an attorney can help make sure that you receive your claim’s full value, even if you played a small role in causing the accident itself.
