When you have suffered an injury in an accident that was someone else’s fault, you have the right to receive full compensation. The prerequisite is that you can show that another party’s negligence was the cause of your injuries. Before you know what you can sue for in a personal injury case, you need evidence of what happened to cause the accident and the damages you have suffered. These processes require the help of someone deeply familiar with the legal process.
A personal injury attorney can investigate your accident and gather the proof you need to win your case. They can also work to place a number on the amount of harm you have suffered because of your injuries. Your personal injury attorney makes it their job to fight for you to get all the money you deserve for your injuries, standing up to the insurance company when necessary. Your personal injury lawyer can negotiate compensation as part of a settlement agreement, or they can take your case to court, where a jury will decide how much you deserve in compensation.
Your Personal Injury Case Seeks Monetary Damages
Money is the only thing you can seek in a personal injury case because you should receive compensation for the harm you have endured. Nothing can bring your health back to the way that it was before your accident, so money is a substitute. The responsible party has the legal obligation to restore what you have lost due to their careless actions, and they must do this through monetary compensation.
Knowing that money is your remedy, you must know how much to seek in your personal injury case. Having that knowledge before you file your claim is vital, and since you are the one who is seeking money, you must prove and support the amount that you are seeking in your case. At the same time, you are at a disadvantage to the insurance company if you do not know the exact value of your case. Insurance companies have this information down to the dollar, and they will use it to gain an advantage over you in the claims process if you do not know the full value of your case.
Economic Losses in a Personal Injury Case
Your financial losses are the first category of damages that you must receive payment for in a personal injury case. You may have suffered losses in several ways, and the most prevalent expense you must pay after a personal injury is the medical costs necessary to treat your condition. You and your health insurance company may have had to share in the costs of your care, and both of you have the legal right to receive reimbursement for the money you have already spent. The health insurance company is off the hook to pay for your expenses as soon as you reach a settlement agreement, so you must know the full extent of your future costs.
Further, you can get paid for any lost earnings from your job. Your injuries may impact your earnings in many ways:
- You may have missed a considerable amount of time from work while you recuperated from your injuries and sought medical treatment.
- You may be unable to work in the future because your physical injuries left you unable to perform the duties of your job.
- Your earnings capacity may decrease because you cannot perform all your job functions in the future.
You may have a different opinion from the insurance company about how much compensation you should receive for lost earnings. Insurance companies may argue that you can still perform some work. They may also dispute how much you would have earned in the future from your job if you had not suffered an injury.
A personal injury lawyer can ensure the insurance company does not take advantage of you and will gather all the necessary documentation to prove your economic losses. Your attorney will calculate the total amount you have the legal right to using bills, receipts, and estimates.
Non-Economic Damages in a Personal Injury Case
It is difficult enough to come up with a value on your actual financial losses before you even reach the non-economic damages part of your case. Non-economic damages are especially tricky to value because they depend on the subjective experience you have endured since the accident and what you will have to go through in the future. Assigning a dollar value to a physical or emotional feeling is challenging. This dollar value comes from what you are reporting as your symptoms, and it is complicated to know whether the physical pain that you are suffering from a broken leg is worth $20,000 or $100,000. Quantifying what you have gone through as your own experience is also not easy.
At the same time, insurance companies do not want to hear your story and may try to skip reports of your experience altogether. If they even listen to what you say, they will challenge it every step of the way. Insurance companies do not like anything that they view to be subjective. They try to act as “objectively” as possible and treat many individual claimants similarly, even though you have the right to receive compensation for your personal damages. The insurance company does not consider that you may not suffer the same way from a similar injury as someone else.
Insurance companies will try to apply a formula to arrive at the amount of your non-economic damages. This formula is likely a “one size fits all” approach, taking the “personal” out of personal injury compensation. Suppose you have suffered a serious physical injury that will remain with you for some time. In that case, the insurance company may use the multiplier method to determine your pain and suffering damages.
The multiplier method applies a specific factor to your medical expenses to come up with the dollar value of your pain and suffering damages. The insurance company determines the actual multiplier depending on the severity of your injury. For example, the multiplier for a traumatic brain injury is much higher than a case involving a broken leg since a brain injury involves far more suffering. Here, insurance companies may multiply the amount of your past and future medical expenses by as much as five to arrive at the amount they will offer you for pain and suffering.
Although this may seem like a high number, the insurance company’s offer may still not be nearly enough to compensate you for the experience that you have endured. Thus, you need a personal injury attorney to represent you in the legal process so you can tell your story and not just rely on what the insurance company wants to say because of their financial considerations.
Punitive Damages in a Personal Injury Case
Even though it is rare, you can sometimes qualify for punitive damages in your personal injury case. Most personal injury cases seek compensation for carelessness. Although it is undoubtedly bad that someone has injured you with their carelessness, it is not necessarily something that a jury needs to punish beyond making sure that the responsible party compensates you for your injuries.
In some cases, a jury needs to send a message to the defendant and use punitive damages to make an example out of them. For example, you may have suffered an injury in a truck accident where the trucking company has a history of cutting corners and bending the rules. The jury may use punitive damages to send a sharp message to the trucking company and let other companies know about the consequences of habitually violating trucking regulations. Your personal injury compensation can significantly increase if you qualify for punitive damages.
How to Prove Your Personal Injury Damages
Since the burden of proof is on you to demonstrate your damages, you must have the necessary documentation to show how much you have lost. Your personal injury attorney may use the following to prove your damages, either in an insurance claim or when your case goes to a jury:
- Your medical records that detail your prognosis
- Testimony from people who have been around you and have observed what you have been going through
- Your earnings history and evidence of your future career path and potential earnings from your job
- Treatment records from a mental health provider who can attest to your claims of emotional distress and psychological effects of your injuries
- Testimony from expert witnesses who can quantify the effects that your injuries have had on your life
Hire a Personal Injury Lawyer to Learn How Much Your Case Is Worth
The best way to learn your case's actual value and the amount you can sue for is to contact an experienced personal injury lawyer. An attorney works with injured claimants daily, and they know how to estimate the value of your damages. Your personal injury lawyer will review your case and your specific circumstances to determine a dollar value for your case. If necessary, they may even work with expert witnesses to learn more about particular aspects of your situation. For example, you may need a vocational expert's help to evaluate future lost earnings. They will give their opinion about what you could have made at your job if you had not suffered an injury.
When you hire a personal injury attorney, you are on more even footing with the insurance company. Insurance companies cannot take advantage of your lack of knowledge of the legal process, including the concepts that underlie your personal injury damages. You can begin the conversation about the size of your settlement check with full knowledge of how much it takes to compensate you for your injuries.
If you do not know how much to sue for, you are more likely to accept a settlement offer that does not reflect the reality of your case. Insurance companies may offer you a low amount of money, and you may think it is a victory because they have offered you something. The truth is that accepting a low settlement offer is a significant loss because you have signed your legal rights away for less than the full amount that they are worth. This circumstance will not happen when you have hired a personal injury attorney who knows what your case is worth and will fight for you to get every dollar you deserve.
It Makes Economic Sense to Hire a Personal Injury Lawyer
You do not have to pay any money from your own pocket to hire a personal injury lawyer, and you can end up with more compensation when you get legal help for your case. Your lawyer will work for you on a contingency fee basis, an agreement between you and your lawyer that allows you to pursue your personal injury claim without worrying about upfront costs. Instead of charging you an hourly rate or a retainer fee, your lawyer will receive a percentage of the compensation they recover in your case.
The advantage of this arrangement is that you can pursue your claim without financial risk. If your case is unsuccessful, you will not have to pay your attorney anything. Your lawyer’s payment depends on the case's success; thus, they will work hard to secure the best possible outcome for you.
Even though you have to pay your personal injury attorney a share of your financial recovery, with their experience they can fight to obtain the settlement you are owed. Studies show that individuals who hire attorneys receive higher compensation for their injuries than those who handle their cases independently.
It is important to note that every personal injury case is unique, and the damages you can seek will depend on the specifics of your situation. Consulting with a skilled personal injury attorney is key to understanding your rights and maximizing your potential compensation.
Hire a Personal Injury Attorney for Best Results
If you have suffered an injury due to someone else's negligence, do not hesitate to seek legal help. An experienced personal injury attorney can guide you through the legal process, fight for your rights, and ensure you receive the compensation you deserve.
