How to Determine the Value of Your Personal Injury Case

If you have suffered a serious personal injury, you are likely wondering how to determine the value of your personal injury lawsuit. There is not a special formula to calculate the perfect amount of compensation to which you’re entitled. Additionally, every personal injury claim is different. While it’s not possible to accurately predict the exact amount of money that you will recover. However, experienced lawyers can help you determine how many losses you’ve had.

Whether you were injured in a car accident, a workplace accident, or in any other type of accident, you might be entitled to damages. You will need to bring the lawsuit within three years of the accident to meet the statute of limitations. No matter how you or your loved one became injured, you will likely have serious financial losses. Insurance companies also call losses “damages” when they are examining claims. There are two types of damages, special damages, and general damages.

Economic damages, or special damages, are the measurable amounts of money that you lost because of your accident or injury. Special damages also include the amount of money that you will continue to lose because of the negligence or recklessness of the at-fault individual. Special damages include lost wages and medical bills. Special damages include the following actual dollar amounts:

• Medical bills, including bills for nursing home care and therapy
• The cost of hospital stays and surgeries
• Past and future lost wages
• Out-of-pocket expenses, including medical equipment, medication, transportation fees, crutches, and transportation costs
• The cost of child care, housekeeping, and yard work while you were incapacitated
• Damaged or lost personal items

Keep in mind that without proving that you have medical bills, you will not be able to go far with your personal injury claim. You must be able to prove that you suffered an actual physical injury that resulted in economic losses. It is easy to forget all of the medical expenses you have taken on, especially after an incredibly serious personal injury.

General damages are also called non-economic damages. These damages constitute all of the intangible losses that a person has suffered and the losses they are expected to endure in the future. Pain and suffering, and any type of emotional trauma are included under the umbrella of general damages.

It is harder to assess general damages because there is no objective measurement for someone’s suffering. Additionally, the facts of each case are different. When the case goes before a jury trial, the experiences and perceptions of the jury will also come into play. Your pain and suffering will never be the same as another’s pain and suffering.

Two people might experience the same type of injury, but one person might develop depression while another person does not suffer mental impacts. When it comes to personal injury cases, the defendant takes the plaintiff as he or she comes. In other words, even if the plaintiff is extra vulnerable to serious emotional injuries, the plaintiff will still need to provide financial compensation when he or she is at fault. General damages include the following:

• Emotional distress
• Anxiety and depression
• Inability to concentrate
• Persistent sleep loss
• Physical aches and pains

After the shock of your accident, it can be hard to keep track of the overwhelming amount of bills and expenses. We recommend keeping a notebook of personal injury-related information so you can easily track your expenses. You will need to include the full amount of expenses for every medical bill. Even if your healthcare plan covered some of your expenses at the time of your treatment, you might have multiple bills for the same service. For example, the following medical treatments often include more than one bill:

• X-rays, MRI, CT Scans, and other imaging tests often have more than one bill
• Emergency departments will often send a bill from the hospital and you could also receive a separate bill from the physician in the emergency room who treated you

At Arnold & Smith, PLLC, we understand how difficult it is to think about bringing a personal injury lawsuit. It can be overwhelming to start the process, but at our law firm, we make it easy for clients to begin the process. We offer potential clients a free, initial consultation. Contact our law firm today to schedule your initial consultation.