Factors that Affect the Value of Your Personal Injury Claim
According to On The Map, in 2022, the estimated value of Personal Injury cases is around $53.1 billion. This category comprises several types of personal injury cases, including motor vehicle accidents, medical malpractice, product liability, workplace accidents, and premises liability. Generally, Personal Injury cases in the US take between 20 to 31 months to settle.
One of the most important considerations for anyone pursuing a personal injury claim is the potential value of their case. The value of a personal injury claim depends on a variety of factors, including the severity of the injury, the medical treatment received, and the impact that the injury has on the person’s daily life.
Other important factors include liability and fault, insurance coverage, and the skill of legal representation. By understanding these factors, injured individuals can better prepare themselves for the legal process and work with their attorneys to seek the maximum compensation possible.
In this article, we will take a closer look at each of these factors and how they can affect the value of a personal injury claim.
The Extent and Severity of the Injury
The extent and severity of the injury are crucial factors in determining the value of a personal injury claim. In general, the more severe the injury, the higher the compensation will be. This is because more severe injuries often require extensive medical treatment, can result in long-term or permanent disabilities, and can significantly impact the injured person’s quality of life.
For example, according to KSDK, a large group of individuals from St. Louis County are suing the companies responsible for the contamination of Coldwater Creek. Six law firms in the city are involved in a class action lawsuit after a private study revealed high levels of radioactive contamination on the grounds of Jana Elementary, a school located near Coldwater Creek that gained national attention. The lawsuit is aimed at holding the responsible companies accountable for the decades-long unattended radioactive contamination in and around Coldwater Creek.
In such cases, the compensation awarded will be considerably higher than for those with minor injuries or property damage.
The Medical Treatment Received
The medical treatment that an injured person receives is a key factor in determining the value of their personal injury claim. The type of treatment and the length of time that the person required medical care are both taken into account when calculating compensation.
More extensive medical treatment, such as surgeries, physical therapy, and ongoing rehabilitation, can significantly increase the value of the claim. Additionally, the length of time that the person requires medical care can also impact the claim’s value.
For example, if someone requires ongoing medical treatment for years or even for the rest of their life, the compensation awarded is likely to be much higher than someone who only requires short-term medical care.
The Impact on Daily Life
The impact that the injury has on an injured person’s daily life is an important consideration when determining the value of a personal injury claim. This includes the extent to which the injury has affected their ability to work, participate in recreational activities, and carry out their daily routine.
For example, if the injury prevents the person from working for an extended period or requires them to change jobs, the compensation awarded is likely higher.
Liability and Fault
Liability and fault are critical considerations when determining the value of a personal injury claim. If the injured person was partially at fault for the accident, this could affect the compensation they receive. In cases where the injured person is found to be partially at fault, the amount of compensation they are entitled to may be reduced.
The extent of the reduction will depend on the degree of fault assigned to the injured person. In cases where the other party is entirely at fault, the value of the claim is likely to be higher. Therefore, establishing fault and liability is crucial to obtaining the maximum possible compensation for a personal injury claim.
The Skill of the Legal Representation
The skill of legal representation is crucial in determining the value of a personal injury claim. Experienced personal injury attorneys can assess the value of a claim more accurately, effectively negotiate with insurance companies, and build a stronger case to present in court.
Additionally, hiring a local attorney can be advantageous as they are familiar with the local laws, court systems, and insurance practices. Like in the above-mentioned St. Louis case, a St. Louis personal injury lawyer can provide personalized attention to their clients and can leverage their knowledge of the local community to build a stronger case.
According to TorHoerman Law, LLC (THL), a law firm in St. Louis, suffering a personal injury can be a stressful and overwhelming experience. However, victims have the right to receive financial compensation for their losses, as well as compensation for the pain and suffering they endured. Skilled lawyers can help their clients obtain these forms of compensation.
Insurance Coverage
The amount of insurance coverage that the at-fault party has is another key factor that affects the value of a personal injury claim. If the at-fault party has limited insurance coverage, it can restrict the amount that the injured person can recover.
For example, as noted by Best Lawyers, in the case of an auto accident personal injury claim, liability insurance provides compensation for damages to accident victims. In many states, there are minimum requirements for liability car insurance. For instance, some states mandate that drivers have at least $25,000 in car insurance for bodily injury. However, $25,000 may not be sufficient when a person sustains a severe injury in a car accident.
In cases where the at-fault party is underinsured or uninsured, the injured person may need to pursue other avenues to recover compensation, such as through their insurance policy or by filing a lawsuit.
Conclusion
In conclusion, several factors affect the value of a personal injury claim. The extent and severity of the injury, medical treatment received, impact on daily life, liability and fault, the skill of legal representation, and insurance coverage are all crucial considerations that can impact an injured person’s compensation.
It is important to work with a skilled and experienced personal injury attorney who can help assess the value of the claim accurately, negotiate with insurance companies, and build a strong case to present in court.
Overall, understanding these factors and working with a knowledgeable legal team can help injured persons receive the compensation they deserve for their injuries and losses.