How Do You Know What Your Personal Injury Case is Worth?
If you have been injured in an accident, one of the first questions you probably have is: “How much is my personal injury case worth?”
The answer isn’t simple. Several factors determine the value of a personal injury case, from the severity of your injuries to the impact on your daily life and future earnings.
Beyond your injuries, and damages, what you may be able to ultimately recover in a straightforward personal injury claim or action is largely based upon what the insurance coverage of the at fault parties may be, and what your own insurance coverage provides.
At Jassim Law, a trusted San Diego personal injury law firm, we are committed to helping injury victims understand their rights and fight for the full compensation they deserve. Let’s take a closer look at the key elements that determine the value of a personal injury case.
- The Severity of Your Injuries
One of the biggest factors influencing your case value is the nature and extent of your injuries. Generally, more severe injuries result in higher settlements or awards. A case involving a broken bone, spinal injury, or traumatic brain injury will typically be worth more than a case involving minor sprains or bruises.
Your attorney’s understanding of the medical file, the medicine, medical records, diagnostic tests, and expert testimony are crucial in proving the seriousness of your injuries and projecting your future medical needs.
The fact is, no two injuries are entirely the same because no two people are entirely the same. The impact of an injury is seldomly the same from person to person. For example, a fracture arm in a 20 year old otherwise athletic and healthy young person could be quite different for a elderly person, or for someone that surgery is extremely risky for.
- Medical Expenses (Past and Future)
You are entitled to recover all reasonable medical costs related to your injury, including:
- Emergency room visits
- Surgeries
- Physical therapy
- Prescription medications
- Ongoing treatments
- Future medical care needs
However, medical expenses are only a part of what you could be entitled to recover. In some cases, where the injuries are significant and health insurance has paid for medical care, it may be strategically prudent to even forego or waive medical expenses and focus on other harms on a case by case basis.
At Jassim Law, we work closely with medical professionals to ensure every past and anticipated future cost is fully documented. Future costs can significantly increase your case’s value, especially for injuries that require long-term care.
- Lost Wages and Loss of Earning Capacity
If your injuries prevented you from working, you can claim lost wages. If your injuries permanently affect your ability to work or force you into a lower-paying job, or shorten your work-life expectancy you may also claim loss of future earning capacity.
An experienced personal injury lawyer like those at Jassim Law will gather employment records, pay stubs, and expert evaluations to accurately calculate these losses along with the appropriate retained expert vocational consultants.
As you might imagine, everyone’s work is a little different and the way they earn compensation can be complex. That is why your attorney must understand in detail how your injuries have affected your particular employment or business.
- Pain, Suffering, Impairment, and Loss of Quality of Life (Non-Economic Harms and Damages)
Not all damages are economic. In fact, usually the most severe losses are non-economic. Pain and suffering which covers the physical pain and emotional distress caused by the injury can form a substantial part of your settlement or jury verdict. Further, non-economic harms are not limited to “Pain” and “Suffering,” but also include:
- Mental Suffering
- Loss of Enjoyment of Life
- Anxiety/Grief
- Humiliation
- Physical Impairment
- Inconvenience
- Disfigurement
- Emotional Distress
Calculating non-economic harms is complex and requires a skilled injury attorney who understands and appreciates that your case is worth much more than reimbursing arbitrary medical bills. Factors include:
- The severity and duration of your pain
- Emotional trauma (such as anxiety, PTSD, depression)
- Loss of enjoyment of life
- Permanent disfigurement or disability
- How your injuries affect you every day
- How your injuries, limitations, restrictions impact your activities of daily living
Insurance companies often try to minimize these damages by focusing on arbitrary and low medical expenses, but at Jassim Law, we fight to ensure the human impact of your injuries is fully recognized. We do not allow the value of your loss to be determined by what your health insurance may or may not have paid for medical bills.
- Liability and Comparative Fault
California follows a comparative negligence rule. This means your compensation could be reduced if you were partially at fault for the accident. For example, if you were found to be 20% at fault, your compensation would be reduced by 20%.
Clear evidence showing the other party’s negligence is essential to maximizing your recovery. Our team at Jassim Law conducts thorough
Contact us today at (858) 524-6140 or fill out our online form to schedule a free consultation. Let us be your advocates in securing the compensation you need to move forward with your life.