What is My Personal Injury Case Worth?
One of the most common questions we get asked as Indianapolis personal injury lawyers is, “What is my personal injury case worth?”
Unfortunately, there is no easy way to answer this question without thoroughly evaluating a case. Many factors can play a role in what a case is worth. Even if a lawyer with years of experience can come up with an estimate, there is still no guarantee that you will be awarded that amount once the case is settled.
Let’s dive in to understand the answer to how much is a personal injury case worth.
Average Value of an Injury Claim
Many lawyers will list the cases they have handled and the settlements they have won for those cases. By using this information, you could get a good idea of how much you could win, but this only works if your case is exactly the same. And it is highly unlikely that your case will be the same as someone else’s.
For example, perhaps a lawyer previously won $30,000 for a client who suffered a shoulder injury after being struck by a car while crossing a crosswalk. And let’s also say you as well injured your shoulder as a pedestrian in an accident. There is still no way to guarantee that you would also be awarded a $30,000 settlement.
This is because aside from the injury and how you were injured, many other factors play a role in how much a case is worth. Every case is unique, and no one will ever play out exactly the same as another.
What is My Personal Injury Claim Worth?
What are these factors that can affect what a personal injury claim is worth? Let’s take a look.
The money you are awarded after you file a personal injury claim can vary based on numerous things. Most often, these factors include the following:
- How exactly the accident happened
- Who was at fault
- How badly you were injured
- How much your injuries are impacting your day-to-day life
- The cost of your medical treatments
- If your injury ends up affecting you long-term
- If your injury leaves you impaired or disabled
- Insurance coverages and policy limits for the person liable for the accident
- How the accident and your injuries have affected you emotionally
- How much you are suffering as a result of the accident and your injuries
- If you have lost love or companionship as a result of the accident and your injuries
- If you have property that was damaged in the accident, such as your vehicle
- If you require rehab or physical therapy for your injuries
- If you had out-of-pocket expenses, such as the cost of traveling to receive treatment for your injuries
As you can see, many things can affect the value of a claim. Not all accident victims struggle with the same things after an accident. Cases are very personal and unique to the people involved. Thus, the worth of a case can vary greatly depending on the individual circumstances.
What Damages Will I Be Compensated For?
The easiest way to determine how much your case will be worth is to look at the damages you have suffered. While this still will not necessarily provide you and your lawyer with a final accurate amount, it is an easy way to come up with an estimate. The damages you suffer are the primary things you will be compensated for after an accident.
1. Medical Expenses
The cost of your medical treatments will significantly affect how much money you are awarded. This includes bills for doctor’s visits, visits to the ER or hospital for surgery, cost of medications, cost of support devices — such as crutches or a wheelchair — and even the cost of transport to and from medical facilities.
2. Lost Income
If you cannot work while recovering from your injuries, you can be awarded money that compensates you for the loss of income or wages. If your injuries leave you permanently impaired or disabled, you can also be compensated for the loss of future earning capacity.
3. Pain & Suffering
Pain & suffering is a general legal term used to describe how bad your injuries were and how they are affecting your life. For example, someone who sustains a minor wrist sprain in an accident is not going to suffer as much as someone who sustains a severe head injury. So the more you are suffering and the more your injury affects your life, the more money you deserve.
4. Emotional Distress
Some people may even suffer emotionally after an accident. For example, if you were involved in a traumatic accident with a large semi-truck, you might experience post-traumatic stress disorder, which can affect your ability to function and live your life the same as you once did. Even though mental trauma is not a physical thing that you can easily calculate, you can be compensated for this kind of suffering.
Legal Representation Can Increase Your Chances of Winning a Higher Settlement
Working with a lawyer and even the specific lawyer you choose to work with can also play a role in the settlement you recover. Without a lawyer, the insurance company involved will likely try to offer you a quick settlement, which is typically much less than what you deserve. In contrast, with a lawyer, you will be able to build a more solid case that proves the extent of your damages, meaning you will be more likely to win a higher settlement.
However, not all personal injury attorneys are the same. Some have more experience than others. So when you decide to start looking for one, it’s important that you take your time to find one that is right for you and your case. For example, if you were injured as a pedestrian, you want to find a lawyer with plenty of experience handling pedestrian accident cases.
It’s also worth noting that while personal injury claims are civil cases that do not require a court trial, some cases do end up going to court. If there are disputes and the defendant or their insurance is refusing to settle and pay you what you deserve, then you may need to go to court to win your case. And if this happens, you will need the help of an attorney.
Poynter & Bucheri Accident Recovery — Indianapolis Personal Injury Lawyer
If you were injured in an accident in Indiana, the experts at Poynter & Bucheri can help. We have experience handling a wide range of cases and know what it takes to ensure our clients are fairly compensated for their damages.
Don’t hesitate — one of our experienced personal injury lawyers can assist you right away. Call 1-800-265-9881 for a free case review.