The Extent of Your Personal Injuries Can Affect the Value of Your Case
March 31, 2015 | Category: Wrongful Death | ShareFt. Myers personal injury lawyers, like Randall Spivey, are often asked to evaluate the value of their clients’ personal injury cases. Mr. Spivey has handled a variety of cases that have ended in favorable outcomes; however, the value of a case will not be exactly the same for every individual, even if the facts are somewhat similar in nature. Nevertheless, there are methods that can be used by lawyers to provide clients with a general idea of what their cases may be worth based on certain factors.
One of the key factors that can affect the value of a personal injury case is the type and extent of injury incurred from an accident.
Understanding Your Injuries
Most personal injury attorneys will tell you that it can be quite difficult determining fair compensation for a person’s accident-related injuries, especially when it comes to placing a dollar amount on someone’s pain and suffering. Still, there are certain types of injuries that insurance companies consider to be more serious than others, which is why there is such a variance in the amount of compensation accident victims receive.
Typically, insurance adjusters will place a person’s injuries into one of two primary categories: hard injuries or soft tissue injuries. Hard injuries are usually deemed to be more serious in nature and are generally awarded higher compensation than soft tissue injuries. Such injuries can be detected through medical examinations. Hard injuries can include head injuries, broken bones, wounds, dislocations and/or ligament separations and tears, and spinal injuries, to name a few.
Alternatively, soft tissue injuries are a little more difficult to demonstrate and insurance companies are fully aware of that. Such injuries are usually evidenced by the individual’s description of having pain and/or discomfort in a certain area of the body. Soft tissue injuries include sprains and strains to the knee, ankle, neck or back and are referred to as being “soft” because they usually only involve soft connective tissues and muscles.
Other Considerations When Valuing a Personal Injury Case
Many attorneys use various pieces of information to calculate or determine a ballpark figure for a personal injury case. For instance, the attorney will take medical expenses into account, as well as property damage. Other calculations may include lost income if you had to take time off work due to your injuries, future lost earnings if you expect to miss work due to ongoing treatment or an inability to keep working during your recovery, and future medical costs if ongoing medical treatment is expected and needed.
Accident victims should also keep in mind that any amounts awarded to compensate the injuries sustained may be reduced by a certain percentage if it is determined they were at fault in any way for causing the injuries and/or damages. For example, if you, the injured party, are found to be 20 percent at fault for your injuries, a $100,000 award could be reduced by $20,000, meaning you would only receive $80,000 in damages.
Valuing your personal injury can be a difficult task, but it is important for you to work with a skilled lawyer who will work to obtain the best outcome possible. If you have questions or concerns about your personal injury case, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible.