Attorney
Plaintiffs file personal injury lawsuits to win compensation for various losses. Many victims are understandably concerned with how much they may be able to win. What are the factors that will affect the value of your monetary damages?
Answering this question requires having experienced legal counsel who knows the worth of a personal injury claim. Victims in Hendersonville and Columbus, NC have a trusted ally in Sheffron Law.
What Will Affect the Value of Your Case?
To understand what your personal injury case may be worth, it helps to first know what types of damages could be available. Depending on the unique facts of your lawsuit, they may include:
- Medical expenses: Among these are costs that you incur such as ambulance care, hospitalization, surgery, physical therapy, prescription drugs, adaptive medical equipment, and more. These also include reasonably estimated future bills.
- Lost wages and decreased earning capacity: You may include in your claim the income that you miss due to hospitalization, recovery, and the like. If you cannot return to your former line of work due to your injuries, you can ask for compensation for your reduced earning ability.
- Non-economic damages: As opposed to the above, these are more subjective losses like pain and suffering, disability, and mental anguish. Your Hendersonville and Columbus, NC personal injury attorney can explain more about these damages.
- Property damage: If you were in a car accident or suffered some other injury that also damaged or destroyed your personal property, like a vehicle, you can request compensation for this as well.
- Punitive damages: Some cases involving extreme negligence or disregard for the safety of others allow the victim to pursue punitive damages. These are intended to punish the wrongful party and deter future instances of such behavior.
With the above damages in mind, these are just some of the factors that are likely to affect the final dollar value of your claim:
- Your current and future medical needs: Medical bills are often the largest portion of a personal injury claim. Your current needs, and the treatments you are likely to need in the future to recover, will therefore affect your total claim value.
- How much work you miss and future limits: The time you miss from work and your future work limitations in light of your injuries are also relevant factors. This accounts for future promotions, bonuses, and benefits you may never have because your career ends.
- How pain and suffering is calculated: The multiplier method multiplies your economic damages (e.g. medical bills) by a factor of 1.5 to 5. The per diem method assigns a daily monetary value to the victim’s pain and suffering. The method chosen will affect your dollar value.
- The number of at-fault parties: Some Hendersonville and Columbus, NC personal injury cases involve more than one party at fault. How many defendants there are in your lawsuit will impact the value of your claim.
- Insurance policy limits: The at-fault parties’ insurance companies will pay an eligible victim up to the policy limits. If your damages exceed these limits, you can ask the court to order the at-fault parties to pay above them.
Why Do Similar Cases Have Different Values?
Some victims attempt to gauge the value of their cases by looking at those with similar facts and injuries. But this can be misleading, because there are still going to be differences that impact the outcome. Here are some examples:
- The quality of your legal counsel: Your attorney’s experience, especially with handling cases similar to yours, cannot be overlooked. You want a personal injury lawyer who knows what it takes to fight for the compensation that you deserve.
- The attitudes of the at-fault parties and insurers: Whether and to what extent the at-fault parties and their insurance companies want to settle can also have an effect. Many insurers are reluctant to agree to pay non-economic damages, for example.
- The mediator: Most personal injury lawsuits settle through an out-of-court process known as mediation. The mediator who helps settle your case, especially their experience with the type of accident you suffered, can affect the value.
- The strength of your evidence: The better your evidence, the better are your overall chances of higher compensation. Our Hendersonville and Columbus, NC personal injury lawyer works to obtain the proof that victims need to make a compelling case.
- Details about the victim: Even if the fact pattern in your case is identical to another one, you are a different person than the other victim. Your age, pre-existing conditions, career, and other personal factors will undoubtedly affect what your case is worth.
Contributory Negligence: A Total Bar On Recovery
One factor could outweigh all the others, even to the point of completely barring you from recovering anything. It’s known as contributory negligence. In North Carolina, if a court finds you even 1% liable for causing your own injuries, you won’t win any compensation.
As an example, say that a driver is speeding and hits a pedestrian crossing in a crosswalk. The pedestrian was looking at their phone and not paying attention to the signals – or the approaching vehicle. A court may decide the pedestrian was contributorily negligent.
Only three other states and the District of Columbia follow this strict unforgiving rule. Not surprisingly, it gives the at-fault party a strong incentive to find any evidence they can that you, in some way, caused your accident. That’s why you need a lawyer who can fight back.
The Difference of Knowledgeable Legal Counsel
When it comes to making the best possible argument for the maximum amount of compensation, and challenging attempts to prevent you from recovering anything, you cannot afford to go without seasoned legal representation. That’s where Sheffron Law comes in.
If you suffered a personal injury in Hendersonville or Columbus, NC, schedule a consultation to discuss your case. You can give us a call or complete our online contact form today to get started.