One the most common questions that we get at the Shirvanian Law Firm is what factors come into play when determining the value of a personal injury case. People want to know if pursuing damages is going to be worth the time and expense. While this question does not have a simple answer, there are a few factors that often come into play when determining the value one can expect out of a case. These factors are, briefly, whose fault it was, the extent of the injuries, the extent of lost earnings, and the extent of pain and suffering.
Today, we’ll explore how these factors could impact your case. If you would like to schedule a consultation with a personal injury lawyer, give Shirvanian Law Firm a call at (818) 835-5396.
Liability: Whose fault is it?
The one factor that will have the largest impact on the overall payout is the question of whose fault the accident was. If the other party is entirely at fault then your award is one-hundred percent of the agreed upon damages or the jury award. However, this becomes more complicated when you are found to be partially at fault. If the case goes to court, your damages will be reduced by the percentage of your fault in the case.
For example, a say the jury award is 50,000, and you were found to be half at fault, your award would be reduced to $25,000.
Injuries: the extent and specifics
What type of injury you sustained from the injury and the specifics of the resulting effect it has on your life can have a big impact on what your damages total will finally be. While you would likely be entitled to damages if you were to say break an arm as a result of the accident, the amount would not be as much as the damages awarded to somebody who suffered a more extensive or complex injury.
The extent of the injury is also an important factor to consider, in addition to the king of the injury. A complex fracture could award higher than a minor spinal injury that can be immediately treated. While the type of injury is a big factor, the greatest factor when it comes to injuries is how serious the injury is.
Lost Income and Missing Wages
Often the injuries sustained from an accident will cause the victim to lose wages. This can be a person’s income that is lost during the recovery period, missed work due to doctor’s appointments, or other factors that prevented them from working due to the injury. This still applies if the victim uses their personal time off and sick time to try to cover the missing hours, as they can still be eligible to recoup damages.
Lost income can also translate into a long-term lost earnings. Consider as an example, somebody whose work injury prevented them from working very long at their job, like a servant who cannot be on their feet for a very long time due to the injury. They would no longer be able to work at their previous capacity and they could be potentially compensated for it.
Pain and Suffering
Pain and suffering is not a straightforward or easy to understand aspect that can help determine the damages awarded. There are a number of formulas that can be used, but the best way to go about learning about the potential award you can get, call us at (818) 835-5396 to speak with a personal injury attorney at Shirvanian Law Firm.