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10 Factors that Impact the Value of Your Personal Injury Case

10 Factors that Impact the Value of Your Personal Injury Case

iLawyer November 23, 2020 Personal injury

If you or somebody you care about has sustained an injury caused by the careless or negligent actions of another individual, business, or entity, then you should be entitled to compensation for your losses. However, securing compensation in a personal injury case is not always easy, and there are various factors that can influence the value of your claim.

1. The severity of the injuries

The severity of the injuries is going to play a significant role in the value of your personal injury case. Aside from just looking at medical bills, insurance carriers and a jury will look at the permanence of your injuries. If your injuries cause a disability or scarring and disfigurement, the value of your claim is going to be higher than the value of a claim involving relatively minor injuries.

2. The severity of the property damage

Property damage is often a part of personal injury claims, particularly for vehicle accidents. The total value of all property damaged in an incident will also be factored into the overall value of the personal injury claim.

3. Total medical bills

Perhaps the single most important factor in a personal injury case is receiving adequate medical care, and this can become costly. No personal injury case should be settled before a victim has reached maximum medical improvement. It is crucial that an injury victim understand exactly how much their medical bills are going to be before they agree to any settlement.

4. Insurance policy limits

Many personal injury cases are resolved through settlements with insurance carriers. However, the total policy limit of the insurance carrier of the at-fault party will play a significant role in the total value of the claim. If an insurance policy does not cover a victim’s total losses, then the victim may need to file a personal injury lawsuit to pursue compensation directly from the personal assets of the at-fault party.

5. Shared fault

Arizona operates under a pure comparative negligence system, which means that an injury victim can still recover compensation even if they are partially at fault for the incident. However, the total amount of compensation the victim receives will be reduced based on their percentage of fault. This can affect the total value of a personal injury claim.

6. Where the lawsuit is filed

The actual physical location where a lawsuit is filed can affect the value of the claim. Different cities or counties in Arizona could place a higher value on various factors, including pain and suffering. Additionally, some areas are known for doling out large settlements to personal injury victims in lawsuits, which could increase the chances you will be offered a fair out-of-court settlement.

7. Precedence in similar cases

Courts in Arizona like to use precedence because this saves time in a court case. If a similar case has already been heard, then most of the work is already done. Past verdicts and personal injury cases could help a judge or a jury lean a certain way.

8. How you handle insurance carriers

How a personal injury victim handles communication with insurance carriers will play a role in the total compensation they receive. It is crucial that injury victims do not give recorded statements to insurance claims adjusters and that they not sign over their full medical records. This could significantly impact the value of their claim.

9. How much evidence is available

Personal injury cases are going to revolve around having evidence to prove the total value of the claim as well as the liability of the other party. If there is insufficient evidence in the case, it is likely that the injury victim will struggle to receive adequate compensation.

10. Whether or not you can work

A major factor of compensation in personal injury cases is lost income if a victim cannot work while they recover. In some cases, a victim cannot work at all while they recover. In other instances, an injury victim may be able to work, but not at the same capacity as they could before the injury, resulting in a lower income. Injury victims should be compensated for any lost income.

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