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Essential Factors That Go Into...

Essential Factors That Go Into Valuing Your Personal Injury Case

When you have been injured and know you need to seek compensation for the damages you are facing, one of the first things you may want to know is the value of your personal injury claim. The bad news is that there is no exact science to be able to determine the exact outcome of your case. The good news is that you can look at some of the essential factors of the case to get a better idea of its value.

How (and How Much) You’ve Been Harmed

The court will take into consideration how severely you were harmed. The overall idea is that the court would like to see you restored to how well you were before the accident happened. That’s generally how damage considerations may be weighed. It’s very important to document everything you possibly can pertaining to the accident to best prepare for the case.
In fact, when looking at factors of the case, your personal injury lawyer will evaluate your medical records pertaining to the case and other documentation. The personal injury damages that you’ve suffered may include the physical pain you’ve experienced, damage to your body, wages lost because of the injury, medical bills incurred, disability, and mental pain and suffering.

What the Other Party Did Wrong

Liability refers to how responsible the other party is and what they did wrong. They must have acted with negligence and therefore caused your pain and injuries. The personal injury attorney will assess how their negligent actions resulted in the accident. If someone else does not have liability for your injuries, there can be no personal injury case. The legal burden of proof needs to be clear.
If the liability is clearly established, the insurance company isn’t as likely to oppose a settlement in the personal injury case. Furthermore, you may then find that it is easier to get timely and substantial compensation. On the other hand, if the liability isn’t clear, it will be far more challenging to receive fair compensation. Your personal injury attorney will be able to assist in all aspects of determining liability.

The Ability of the Other Party to Pay

The ability of the other person or entity to pay may be a crucial factor in valuing a personal injury case. It’s a sad fact that sometimes the liability may be obvious and clear while the damages are extreme, yet the other party may not have adequate insurance or other means to pay for the significant damages that should be compensated. In such instances, proceeding with the case may be difficult.
It may be next to impossible to collect money from a person or company that simply does not have the available means. If they lack the ability to pay, it can be very bad news for personal injury victims, and in some states, the other party can file bankruptcy and ultimately get rid of judgments that are made against them. Companies tend to not have issues with their ability to pay as much as uninsured individuals.
Finally, no matter what you may think your case is worth, it’s important to consult an experienced personal injury attorney who can help you with your case. A personal injury lawyer will use his or her knowledge to help set you up for success with your case.
If you have been hurt because of the negligence or other mistakes of a person or place of business, rely on Edwin F. Brooks, Attorney at Law for help getting the compensation you so richly deserve. Feel free to call us today at 804-648-1448 for a free consultation. It’s best to act quickly because there is a statute of limitations for personal injury cases, and the other side may already be working on their case.
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