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Home / Personal Injury / What Factors Affect The Value of Your Personal Injury Case?

What Factors Affect The Value of Your Personal Injury Case?

What Factors Affect The Value of Your Personal Injury Case?

Updated: March 18, 2024

Prospective clients often want to know the potential economic value of their personal injury case. It is impossible to fix an exact value on any civil lawsuit. The number of variables which can affect the current value or future value of any case is nearly limitless. Therefore, if you want to learn more about the approximate value associated with your personal injury case, it is in your best interest to speak to a knowledgeable personal injury lawyer at the Shirvanian Law Firm.

Filing a personal injury claim is a complex process. It is essential that you learn about your legal rights and how to enforce them by seeking legal advice as soon as possible.

The Pain and Suffering Associated With Your Injuries

The nature and extent of both your physical injuries and your psychological injuries will influence the value of your personal injury case. In some cases defendants are ordered to pay punitive damages. Essentially, punitive damages are designed to punish the defendant for its egregious behavior and to deter the defendant from committing the same conduct in the future.

The greater the degree of pain and suffering you endured as the result of the negligent party’s conduct, the greater the settlement or judgment associated with your case should be. However, it is impossible to predict what jurors will do, and therefore no attorney can guarantee you that a jury will or will not find a defendant liable for your injuries.

It is possible that you are suffering from a disease or illness caused by a defendant placing a defective product in the stream of commerce. One function of the Court in personal injury cases is to place a reasonable valuation on the economic compensation due to a person who will suffer physical pain and psychological pain as the result of their injuries for the remainder of their lives. These factors make it impossible for any person to predict how much a single case may be worth in the future.

The Named Defendants In Your Personal Injury Case

It is necessary for a personal injury attorney to determine which parties are potentially liable for your injuries. Multiple defendants may be liable for your injuries, or only one defendant may be named in your complaint. Therefore, you must assess the economic status of those defendants and whether or not they possess any assets. Defendants who cannot pay judgments will mean that your case may not be worth as much as you thought initially.

The Nature and Extent of Your Injuries

Plaintiffs in personal injury cases often suffer serious bodily injuries. Some of the most devastating injuries are traumatic brain injuries, spinal cord injuries, and bone fractures. Sometimes an injured party suffers short-term or long-term disability due to the nature of their injuries.

The extent of your injuries, as well as any surgeries you had to undergo to treat your injuries, will affect the value of your personal injury case. Sometimes plaintiffs have to receive medical treatment year-round, and the costs associated with long-term treatment can be significant.

It is essential that you receive medical treatment as soon as possible after you suffer injuries during an automobile accident. Medical bills, medical records, and other forms of documentary evidence will help you substantiate your legal claims. Your medical records will be integral to assessing the potential value of your personal injury claims.

Lost Earnings and Personal Injury Claims

The potential value of your future earnings will affect the damages amount you may claim in a personal injury case. A physician who cannot practice medicine any longer due to their injuries will likely receive a higher settlement amount than a high school graduate with no professional career. Although it may seem unfair, oftentimes the court will act as neutral as possible when assessing future economic losses in personal injury cases.

An injured party’s education and professional experience will influence the overall settlement or judgment connected to a civil lawsuit. Also, a party who becomes disabled due to their injuries may need to seek punitive damages if the negligent party acted willfully, wantonly, or recklessly.

The Evidence Available To You and Your Personal Injury Attorney

The following types of evidence are important in personal injury cases:

  • Medical Records
  • Death Certificate
  • Surgical Reports
  • Medical Bills
  • Witness statements
  • Photographs
  • Video recordings
  • Audio recordings

Evidence is the glue which will hold your case together. Each side–the plaintiff and the defendant–will have their own unique theories of the case. Both the defense attorney and the plaintiff’s attorney will expound on the facts and argue for their respective clients.

The acquisition, exchange, and scrutiny of documentary evidence is one of the most vital tasks a personal injury lawyer can perform for a client. If you do not retain your own legal counsel, then it may be difficult for you to obtain evidence from defense counsel, or file an objection if the defense does not adhere to rules regarding initial disclosures in federal court.

Having evidence to support your legal theories will enable you to claim a higher sum during settlement negotiations. The more documents you possess which can be admitted as evidence, the stronger your position will be during settlement negotiation, mediation, and arbitration. Therefore, you need to ensure that you speak to an experienced personal injury lawyer who can help you understand the scope of your legal rights.

Contact the Shirvanian Law Firm Today to Schedule a Free Consultation

A chaotic and violent accident may occur when you least expect it, and although it can seem overwhelming to find legal representation, it is absolutely vital that you do everything within your power to enforce your legal rights. Suffering serious bodily injury can alter your life in a single moment. If you are seeking a personal injury attorney, then reach out to The Shirvanian Law Firm today to schedule a free consultation. If you have immediate questions please consult our Frequently Asked Questions page. We are here to answer any questions you may have about civil litigation and personal injury claims.

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