This is one of the most common questions asked by clients of personal injury claims seeking legal representation. It is also one of the most difficult to answer. Although many lawyers will boast of significant settlements or verdicts, the truth is that every case is different.
The factors in your claim will not be the same as someone else’s. Therefore, you should always be careful with a lawyer who promises you 100% safe results.
If you or a loved one has been injured in an accident, you should learn all you can. In this article, we are going to provide you with information about your legal rights. Keep reading! Later in this publication, you can resolve some concerns and learn more about the procedure.
Table of Contents
How Do I Value Personal Injury Claims?
Several factors can potentially influence the worth of your injury claim. These include:
- The type of injury
- Severity or permanence of an injury
- Amount of lost income
- Past, present, and future medical bills
- Pain tolerance
- Out of pocket expenses
- Loss of or damage to property
- Pain and suffering.
These are just some of the factors that will be considered. Even if a calculator or formula took all known factors into account, an accurate calculation would not be possible.
Read Also: How Long Will My Injury Claim Take?
Because what happens at trial also influences the value of the claim. The presiding judge, the composition of the jury, recent changes in the law, and the quality of legal representation, each of these considerations could dramatically change the value of a claim.
And The “Punitive Damages”
Personal injury cases generally also allow a plaintiff to win damages for pain and suffering. But how can a person’s mental distress or emotional disturbance be quantified?
There are no fixed numbers of medical bills to help determine that value. It is a question of how a specific jury feels about what the plaintiff has been through. And what they feel the pain and suffering is worth.
Are There Factors that Could Affect the Value of a Personal Injury Claim?
Actually, there are.
Let’s start with health, which comes first. The more serious the injury or accident, the greater the chances of increasing a personal injury case’s value.
Insurance companies presume that some types of medical treatment are worth more than other types of treatment. An injury treated by a doctor or in a hospital, for example, is presumably more serious. Therefore, they are worth more than an injury treated at home, by a chiropractor, or by an acupuncturist.
In general, insurers tend to discount value for accidents where what hurts the most is the embarrassment of having slipped. Or they tend to offer very little for soft tissue injury (MIST) or rapid recovery. The scope and duration of treatment are factors that can affect the value of a personal injury case.
When determining the amount of final compensation an injury victim receives, few more things can be taken into account. Such as the age and chances that the victim will regain his or her health or be at risk of future interventions.
The loss of joy or enjoyment of life is another determining factor. A well-descriptive journal of the things you can no longer enjoy will help your lawyer request a fairer amount. For example, suppose you have been told that you cannot lift more than 10 pounds in the hospital. But you have a baby that weighs more than that; you will not be able to take care of it.
Feeling frustrated or embarrassed is evidence that can be demonstrated in court. It can be about constantly asking others for help with daily tasks, even with your personal hygiene. Take detailed notes on how this injury and recovery made you feel about your life.
If your case cannot be resolved out of court, a personal injury lawyer will defend you at trial. He will take your case to the best possible final resolution.
Proving Damages: What Documents Do I Need?
First of all, it is necessary to determine economic damages. These refer to your:
- Medical expenses
- Treatment or surgeries
- Lost wages
These include other expenses that you should have incurred because of the accident due to another’s negligence.
- Economic damages are easier to determine since there are receipts for everything—for example, medical bills.
- Payments for parking to go to appointments and physical therapy.
- Statements from your employer
- Wage and tax statements to show that the amount you are claiming is reasonable and fair.
All of these are documentable losses. Make sure you get itemized medical bills. Save all pay stubs, and note the miles or transportation costs you incur due to the accident. These are those costs that you would not have spent if you hadn’t had an accident.
Emotional injury or damage – generally called “pain and suffering” – is difficult to prove, but not impossible. The more experienced your personal injury lawyer, the better he will know how to obtain the compensation you truly deserve.
The Personal Injury Claim Process: A Timeline of What to Expect
Each year in Canada, they report a huge number of cases of personal injury, accidents, etc. The saddest thing about these accidents is not the high number. But what is more concerning is that most of them are caused by the negligence or carelessness of another person.
This is why we want to help you understand the complex personal injury claim process.
1. Find a Lawyer
It is important to have the representation of a lawyer specialized in these types of cases. It is always a good idea, after being injured in an accident, to contact a lawyer. He will review your memory of the accident.
2. Investigation of the Case
Upon completion of your initial consultation and approval of the case, the lawyer will initiate the relevant investigations. It may be necessary to interview you again to make sure you have all the necessary information. But you will also contact witnesses, review background, and all medical records.
3. Presentation of Judicial Documents
The first official document in the case is the personal injury claim that your lawyer will file. You must ensure that you notify the defendant that they will receive a lawsuit from your lawyer.
4. The Discovery Process
In this part of the case, the exchange of evidence takes place. Your lawyer should send a list of questions to the defendant and request the documents necessary to prove your guilt.
This process can take from six months to a year, depending on the court and the complexity of your case.
Personal Injury Claim Process – Final Reflections
Being involved in a work accident or car accident and seeking compensation are different cases. However, as we told you at the beginning, the common denominator is that it is really high and overwhelming data.
Working with a personal injury lawyer can help you obtain a fair verdict from the jury.
We emphasize again that you need a personal injury lawyer with years of experience, especially a trial lawyer. He will discover fair and just reasons why you should be compensated, which most people would not consider. So if you’ve been injured in an accident, get your free consultation with a lawyer.
At no time can we act in the same way since each case is unique, but we always find many common elements. If you are not familiar with the procedure that is carried out in each case, check out our take on this. Hopefully, you will know how to act, how long it takes, and thousands of other questions that may arise.