One of the first questions you may ask your personal injury attorney after an accident is, “How much is my case worth?” This may seem like a simple and straightforward question, but the truth is that it’s not easy to calculate the value of a personal injury claim. The value of your claim will depend on several different factors, including:
California is a pure comparative negligence state, which means a percentage of fault is assigned to each party in a personal injury claim. For example, if you were injured in a car accident, the court may find that the other driver was 70% at fault and you were 30% at fault. You are still entitled to compensation for your injuries even though you were partly to blame for the accident. But, the amount you are awarded will be reduced to account for the role you played in the accident. If you were initially entitled to $100,000, the court will reduce this amount by 30% to $70,000.
This example illustrates how liability can affect the value of your case. To put it simply, if the other party is completely to blame for the accident, the value of your case will increase. However, you will not receive as much compensation for your injuries if you were also at fault.
Severity of Your Injuries
Personal injury claims that involve severe injuries are typically worth more than minor injury claims. This is mainly because severe injuries are harder and more expensive to treat. Victims are entitled to compensation for their medical expenses, so the higher the medical bills, the higher the value of the case.
Severe injuries can also affect you emotionally, which is another reason why these cases are typically worth more than others. Many people with severe injuries suffer emotional distress and anguish as they try to adjust to their post-injury life. If this happens to you, the law gives you the right to demand compensation for your pain and suffering. Basically, severe injuries tend to affect the quality of your life, which will increase the value of your case.
Ability to Work
The way your injuries have affected your ability to work matters, too. For example, if you had to take time off of work in order to recover from your injuries, you are entitled to compensation for your lost wages. Severe injuries may make it impossible for you to ever return to work. In this case, you would be entitled to more compensation since you are losing more income in the future as a result of your injuries.
Have you been injured? If so, seek legal representation from experienced personal injury attorney Martin Gasparian as soon as possible. Mr. Gasparian will aggressively negotiate with the at-fault party’s insurance company to secure the compensation you deserve. Schedule a free consultation regarding your case by calling 559-203-3333 or submitting your information at MaisonLaw.com.