What To Know About Personal Injury Case Value
It's a natural question after an accident — should I file a personal injury suit against the other driver? This question takes on new importance when you consider that most personal injury lawyers get paid from the settlement or judgment when a case is won or settled. It might be helpful for accident victims to understand what goes into determining the value of a case, so read on and find out what factors are considered.
Your Injuries and Your Medical Treatment Costs
If there is any one factor that greatly influences the value of a personal injury case, it's your medical expenses. It just follows that the more serious the accident, the more you could be hurt. Greater injuries equal greater medical expenses. To even consider taking action against the at-fault driver, you must have been injured and sought medical treatment.
Even if the at-fault driver's insurer is paying for your medical needs, the money spent to help you get back to the state of health you were at before the accident is a key part of your compensation. In many cases, your pain and suffering is calculated based on that dollar figure.
The dollar amount of your medical expenses is likely an ongoing issue. To evaluate your case, a personal injury attorney is going to need a dollar figure in medical expenses up to that point and a list of your treatments, so far. If you require more medical care once the settlement or judgment is paid, then future medical expenses should be part of the compensation package.
Fault and Damages
The other major factor in evaluating personal injury cases, other than medical expenses, is fault. Fault is determined using a variety of methods. First, evidence gathered at the accident scene is evaluated. That might include eye-witnesses statements, photos of the vehicle damage, and the presence of skid marks. The statements of the drivers are also part of the fault determination. In many cases, those statements are used to summarize the events that led up to the accident, and an accident report is created by the responding law enforcement officer. If fault is still not known, the insurance carrier may perform further investigations. If the case should go to trial without a clear understanding of who was at fault, accident reconstruction experts will be called upon to give an opinion in court.
Once the facts of the case are known, your attorney may decide to represent you in a legal action against the other driver and their insurer. Speak to a personal injury attorney at your earliest convenience to find out more.