Factors That Determine the Value of a Personal Injury Claim

Car Accident on Road

Accidents happen, but it does not mean that you can't get anything from the experience, even if you had a traumatic experience and sustained horrendous injuries. Regardless if it is a car accident, workplace injury or medical malpractice, accidents are mainly caused by the negligence of irresponsible individuals. These unfortunate occurrences then result to personal injury, enabling you to get compensated because of the amount of damage you sustained. That being said, there are a number of factors that determine how much compensation you will get, but first, you need to be able to get the services of a personal injury lawyer.


Personal Injury Lawyer


Hiring a personal injury lawyer when accidents happen will allow you to avail the following:

  • Get the maximum and deserved amount of compensation.
  • Someone to represent you on court.
  • Advice on the laws regarding personal injury.


Most PI firms and lawyers give “pro-bono” (or free) services initially, though they will get a share from the amount of compensation you receive. For example, the court awarded you a million dollars as compensation, and if you and your lawyer agreed on a 30% share, then you will pay him $300,000 dollars. If they lose the case however, you won't have to pay them (which is not a good scenario for the both of you). This will assure you that he'll work and try to get the maximum amount of compensation. So now what are the factors that determine how much money you will be awarded in the event of accidents and personal injury?

injury caused by accident

Medical bills. It is imperative that you receive treatment from licensed medical practitioners in a medical facility after you experience personal injury. This is basically a reimbursement for the amount of money you spent to treat your injuries and your future medical expenses as well


Earnings. Once hospitalized, you will certainly lose a few days – even weeks and months of work right? Well, don't fret since your lawyer will definitely take this into account. This not only includes the money you would have earned, but also the money you COULD have earned if not for your injuries.


Property loss and damage. For example, you safely parked on a sidewalk when another car veered off course and hit you and your car, causing a broken rib and yes, excruciating pain (let's hope this does not happen to you though). You will not only receive compensation for your medical treatment, but also compensation for car repairs or the market value of the car – if it was totaled – along with the damaged materials inside it.


Other factors that are hard to calculate include: emotional distress, loss of enjoyment and loss of consortium. That being said, there are also other factors that could DECREASE your compensation or render you NOT to receive any. These include:


Comparative negligence. If you are at fault for the injuries you received, then your damage award will certainly reflect that.


Contributory negligence. If you are partially or wholly responsible for the incident, you may not receive any compensation.


Failure to mitigate damage. For example, if you had not received medical treatment after the accident therefore making it a lot worse, the amount of compensation could be reduced significantly.