The question regarding how much an individual case is worth is common. This has always been a hard question to answer, especially on the commencement of legal representation. The truth is that there is no formula or a predetermined amount that is used by insurance companies before a personal injury case is settled. It’s impossible to give the exact amount since no one knows how the extent of injuries and medical costs to be incurred. However, the insurance companies are capable of calculating your personal injury settlement value for many types of personal injury cases. Again, most attorneys also rely on some formulas to get financial starting point for any settlement talks. This includes the compensation and damages to be received in an injury case. Common types of personal injury include:
- Medical malpractice
- Motorcycle accidents
- Slips and falls
- Car accidents
- Dog bites
What Elements Make Up A Personal Injury Claim?
A personal injury claim is filed against the individual or entity that caused harm through intentional misconduct or negligence. The value for personal injury claim depends on the individual case, and most of the monetary value depends on factors such as:
- Financial losses
- Medical expenses present and in the future
- Lost wages
- Physical or emotional suffering
The central notion behind a personal injury claim is that another person has caused you damage and as such, you are entitled to compensation for whatever is lost. For a personal injury claim to succeed, three things must be present.
- Duty of care – you must prove that the other party did something that another reasonable person in the same circumstance could have avoided
- Breach of duty-Once a duty of care is established, you must show that they failed up to that duty.
- Cause- It must be proved that the other party’s action was the reason why you suffered injuries.
Each state has its set of laws that should be followed when filing for personal injury claims. Due to time constraint of many personal injury cases, it’s advisable to file a lawsuit soon after the incident has happened. By doing so, an individual avoids charges associated with failure to obey the statutes of limitations. Personal injury cases are sometimes emotionally overtaxing, therefore, make sure to get legal representation from a qualified attorney. It’s almost impossible to give a value for any case without the help of an experienced personal injury
Don’t Be Afraid To File a Personal Injury Claim
You may have suffered from an injury simply because you were avoiding a rear-end accident. Many people forego to file a claim for such incidents simply because they don’t want to hurt a business. Or they take the whole action as an accident. This is a misconception that shouldn’t prevent you from filing an injury claim. You deserve the right to be compensated and be in a position to pay your medical expenses or lost wages. An experienced personal injury lawyer will help you fight back to secure a fair settlement after liability is proved