What factors are taken into consideration when determining the value of a personal injury case?
Factors Considered When Determining the Value of a Personal Injury Case
As a lawyer, I can provide legal advice related to determining the value of a personal injury case. The following factors are taken into consideration when determining the value of a personal injury case:
- Nature and Severity of Injuries: The severity of the injuries is an important factor taken into consideration. The more severe the injuries, the higher the value of the case. For instance, a person who sustains a permanent disability as a result of the accident may receive a higher compensation than someone who suffers minor injuries.
- Medical Expenses: Medical expenses incurred as a result of the accident are another important factor. This includes the cost of hospitalization, medication, surgery, rehabilitation, and any ongoing treatment. The medical bills are reviewed to determine the value of the personal injury case.
- Lost Wages and Future Earning Capacity: Any lost wages that result from the accident and impact the individual's present and future earnings are considered. Additionally, if the injuries sustained result in the loss of the ability to earn a living, this is also taken into account.
- Pain and Suffering: Pain and suffering refer to the physical and emotional pain and suffering that the injured individual has experienced due to the accident. The value of the compensation for pain and suffering generally depends on the severity of the injuries, the impact on the person's life, and the duration and level of pain.
- Comparative Fault: If the injured party is partially responsible for the accident, this is considered when determining the value of the case. The percentage of fault determines the percentage of compensation that will be awarded.
- Insurance Coverage: The amount of insurance coverage available is another important factor. The maximum amount of compensation that can be awarded will be based on the available insurance coverage.
It is important to note that there may be exceptions or limitations to the advice given based on the specific circumstances of the case. Additionally, further action such as seeking the advice of a licensed attorney may be necessary.