How Can I Determine How Much My Claim Is Worth?

To determine the value of your claim, you need to look at your damages. That would include your actual damages such as medical expenses and wage loss. You are also entitled to damages for personal injuries such as pain and suffering. This can include compensation for emotional distress and mental anguish. The value of your claim may include how your pain and/or injuries affect your ability to participate in activities you enjoyed prior to the injury, such as hobbies, etc. The law allows compensation for future medical and care expenses as well as future loss of income and earning capacity.

For purposes of settlement, a claim is valued upon an estimate of what a jury would likely believe the case to be worth, taking into account the severity of the injury, the effects of the injury on your life and the negligence of the other party. If the injured person is partially at fault for the accident, the amount of damages will be reduced proportionately. Any settlement will be reduced if there appears to be a good chance that the claim will not be successful. Other factors that may reduce the damages include past medical history, pre­existing injuries, and prior claims history.

Considerable compensation may be commanded if your injuries are severe requiring extensive medical treatment, absences from work and permanent injuries. This is especially true if you were a healthy, productive, young worker prior to the accident. That is because an important factor in the value of your claim is the difference between your quality of life before the accident as compared to after the accident.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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