The value of a personal injury case varies significantly depending on several factors. For example, what type of accident caused your injury? Some common personal injury cases include auto, slip and fall, product liability, medical malpractice, and wrongful death accidents. Each has varying factors that affect the compensation as well. To understand the value of your settlement, start with the financial, physical, and psychological losses you suffered. Those translate into the damages that make up your settlement’s value.
The term damages refers to the financial compensation you receive for the losses associated with your accident. In personal injury cases, damages are often similar. Still, they vary in value depending on the severity of your physical and emotional losses, referred to as economic and non-economic, respectively.
Economic damages are the financial losses associated with bodily injuries and property damage. These damages include:
In cases of wrongful death, personal injury law allows members of the deceased person’s immediate family to sue for economic damages, including the cost of a funeral and burial or cremation. If your loved one was the primary provider for your family, you might sue for lost wages, loss of benefits, such as insurance and retirement plans, and loss of inheritance.
Non-economic damages are less specific and have more subjective value. Examples include:
In cases where personal injury victims choose to represent themselves, they may significantly devalue their claim by missing non-economic damages. A personal injury attorney can help you understand the worth of your claim and negotiate to ensure you receive a fair settlement.
Punitive damages are a financial award given to the plaintiff in excess of the compensatory damages. The purpose of compensatory damages is to make you as whole as possible financially. Punitive damages are meant to punish the defendant for behavior exceeding simple negligence. For example, suppose you lost a family member in a severe car accident caused by a person who was driving under the influence of drugs or alcohol and speeding. In that case, the court may order the defendant to pay punitive damages to steer them away from that kind of behavior in the future. Most states cap the amount of punitive damages the jury can award the plaintiff.
As the plaintiff in a personal injury case, you should expect the defense to respond to your demands letter with their own accusations. For example, if you suffered an injury in a slip and fall accident, the defense may attempt to diminish the defendant’s fault by claiming you are either entirely or partially responsible for the accident.
If you are entirely responsible, you cannot recover damages and must manage your financial losses independently. However, if you are only partially responsible, the court will apply the comparative negligence rule. Comparative negligence works like this:
Most states use the modified comparative negligence rule, which caps the plaintiff’s eligibility for compensatory damages at 50% or 51%. In those states, the defendant does not have to compensate a plaintiff with a percentage of fault higher than their own. Other states use the pure comparative negligence rule, which requires the defendant to pay some portion of damages, as long as the plaintiff is not entirely responsible for the accident. Therefore, if you, the plaintiff, are 80% responsible for the accident, you could still receive 20% of the total value of damages.
On average, victims of personal injuries receive a higher settlement with the help of an experienced attorney. The reason is personal injury attorneys offer legal expertise and negotiation skills far more advanced than the average person. Of course, you are under no obligation to hire an attorney to help with your case, but you would likely benefit from the relationship.
Personal injury lawsuits require the plaintiff to provide ample evidence to support their claim. This means you must prove the defendant caused your accident and the injuries incurred. Your attorney will investigate the accident to collect the evidence you need. Their experience in other cases grants them access to experts who can assist in discovery. They also represent you in all communications and file all the necessary paperwork for your lawsuit, allowing you that time to focus on getting your life back to normal.
At Phillips Law Group, we have a team of dedicated personal injury attorneys prepared to listen to the circumstances of your case and how your injury changed your life. We can also help you understand how fault plays a role in your accident. Our goal is always to act in your best interest and be your advocate during negotiations. The financial repercussions of your accident are not your burden to bear. Contact Phillips Law Group today for a free, no-obligation consultation and speak to a personal injury lawyer who can help you.