Personal injury cases can be complex, sensitive and profound. Often, there are issues with determining fault and assessing damages. Aggressive legal representation is essential in cases where the defendant is unwilling to settle, especially in severe cases where medical expenses are significant or involve long-term disability. Ace Law Group has proactive, persistent, and assertive lawyers supporting the rights and interests of their clients [the injured party].
Various factors influence a personal injury case value, and understanding these factors is essential.
Liability and Negligence
The foundation of any personal injury case is establishing liability and negligence. The petitioner must demonstrate that the offender –
- Owed them a duty of care
- Breached that duty
- Causing harm as a result
If the evidence is more robust, the chances of a favourable outcome with a higher value increase. So, the lawyer prioritizes gathering evidence that strengthens the client’s claim. It includes gathering witness statements, accident reports, medical records, expert opinions and more.
Severity of Injuries
More severe injuries like spinal cord injuries, TBIs or amputations result in higher settlements. Factors influencing the calculation of damages are –
- The extent of medical treatment required
- The duration of recovery
- The long-term influence on the sufferer’s life
The cost of medical treatment is a crucial factor in calculating the personal injury case value. Plaintiffs can seek compensation for –
- Medical bills
- Rehabilitation costs
- Prescription medications
- Any necessary assistive devices or home modifications
Lost Income and Earning Capacity
Due to injury, the victim cannot go to work, or their earning capacity is reduced. They are eligible for compensation against lost wages. This includes the earnings –
- Lost during the recovery period
- Future earnings that will be crushed due to the injury
Calculating lost earning capacity is complex and may need expert testimony, such as occupational rehab specialists and economists.
Pain and Suffering
Pain and suffering are non-economic damages that can significantly impact the personal injury case value. It is not possible to calculate pain and suffering, but the juries often consider factors such as –
- The nature of the injury
- The level of pain endured
- The impact on the plaintiff’s quality of life
The availability and limits of the defendant’s insurance coverage can influence the plaintiff’s potential recovery.
- If the defendant has significant insurance coverage, it may increase the likelihood of recovering total compensation.
- Conversely, if the defendant is underinsured or uninsured, it can complicate obtaining adequate compensation.
Determining personal injury case value is a complicated process that considers numerous factors. Each case differs and will need careful consideration of these factors. Work with experienced legal professionals in Las Vegas to achieve the most favorable outcome possible.