What is My Personal Injury Case Worth?
Many people who decide to take legal action after suffering injuries caused by someone else’s negligence or wrongdoing wonder how much compensation they can seek and realistically obtain.
At Allen & Allen, “What is the compensation for personal injury?” or some variation of that very important question is something clients ask our personal injury lawyers frequently.
You will almost certainly get a different answer depending on who you ask.
For instance, if you ask the at-fault party’s insurance company, the insurance adjuster will tell you that your personal injury claim is worth far less than you deserve.
If you ask an experienced and highly skilled personal injury lawyer, they will take into account all of your damages and losses, including your pain and suffering, and fight for the maximum compensation possible.
The process of estimating the damages you may be eligible to seek involves several factors and considerations that we will summarize here.
Understanding the value of your personal injury case
The value of your personal injury case depends on various factors, and no two cases are exactly alike.
A car accident, for example involves circumstances and injuries that are very different from a construction site accident. Therefore, claims involving car accidents will be very different from claims involving construction or workplace accidents.
A skilled personal injury attorney can assess every detail of your case to build a claim that compensates you for all your damages and losses.
The elements include:
The severity of your injuries
The extent and severity of your injuries play a significant role in calculating the worth of your case. More severe injuries typically result in higher compensation due to:
- Higher medical expenses
- Longer recovery periods
- Greater impact on your quality of life
- Potential long-term or permanent disabilities
For instance, a traumatic brain injury (TBI) or spinal cord injury resulting in paralysis will likely lead to a higher personal injury settlement than a minor fracture that heals within weeks.
Medical bills
Your current and future medical bills are a key factor in determining your case’s value. These may include:
- Emergency room visits
- Hospital stays
- Surgeries
- Medications
- Physical therapy
- Rehabilitation services
- Medical equipment
- Future medical treatments
Keeping detailed records of all medical expenses related to your injury is essential for building a strong case.
Lost wages or income / diminished earning capacity
If your injury has caused you to miss work, those economic damages will be factored into your personal injury claim. More severe injuries may affect your ability to work over the long term, or they may be permanent. These damages should include:
- Wages or income lost during recovery
- Reduced earning capacity due to permanent injuries
- Lost benefits, bonuses, and promotions
- Costs of vocational rehabilitation if you need to change careers
Pain and suffering
While more challenging to quantify, pain and suffering damages are a significant component of many personal injury cases. These non-economic damages account for:
- Physical pain endured
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Permanent disfigurement or disability
An experienced personal injury lawyer can help you document and present evidence of your pain and suffering to ensure fair compensation.
Property damage
In cases involving accidents, such as car accidents, property damage also factors into the overall value of your claim. This may include:
- Repair costs for damaged vehicles
- Replacement costs for totaled vehicles
- Damage to personal property (e.g., electronics, clothing)
Liability and negligence
All states have rules about liability in personal injury cases that could affect the value of your claim. Your personal injury attorney should know how your claim’s value holds up in light of your state’s liability laws. They should also have the skill and experience to defend your case against any attempts to blame you for the accident.
Calculating damages: methods personal injury lawyers use
Some people may find and use a personal injury settlement calculator online to estimate their potential compensation. However, the accuracy of those calculators are only as good as their input, and they can wildly underestimate or overestimate a claim. A personal injury lawyer can provide a thorough, accurate calculation.
Most personal injury attorneys standard methods to calculate the potential value of your case. While no attorney can guarantee a specific outcome, these formulas help estimate a fair range for your claim.
The multiplier method
One common approach is the multiplier method, which involves:
- Calculating your economic damages (medical expenses, lost wages, etc.)
- Applying a multiplier (typically between 1.5 and 5) based on the severity of your injuries and other factors
- Adding any property damage to the total
The per diem method
Another approach, particularly useful for calculating pain and suffering damages, is the per diem (per day) method. This involves:
- Assigning a daily rate to your pain and suffering
- Multiplying that rate by the number of days you experienced pain and suffering
The daily rate is often based on your daily earnings, though this can vary depending on the circumstances.
Precedent-based valuation
Experienced personal injury attorneys also consider previous case outcomes for similar injuries and circumstances. While every case is unique, this approach provides a helpful benchmark for negotiations and potential trial outcomes.
Factors that may reduce your compensation
Several factors can potentially decrease the value of your case:
Failure to mitigate damages
You have a legal obligation to take reasonable steps to minimize the impact of your injuries. Failing to do so can reduce your compensation. Examples include:
- Not seeking prompt medical attention
- Ignoring doctor’s orders
- Engaging in activities that worsen your injuries
Pre-existing conditions
While having a pre-existing condition doesn’t prevent you from seeking compensation, it can complicate your case. The defense may argue that your current symptoms are due to your pre-existing condition rather than the accident. A skilled personal injury attorney can help defend you from these common tactics.
Insurance policy limits
The at-fault party’s insurance policy limits may cap the amount of compensation available. In some cases, the injured party’s personal injury attorney may explore additional sources of compensation, such as your own underinsured motorist coverage or pursuing the at-fault party’s insurer in court.
The importance of experienced legal representation
Determining the worth of your personal injury case is a complex process that requires legal knowledge, negotiation skills, and a deep understanding of personal injury law. Here’s why working with an experienced personal injury lawyer is crucial:
Accurate case valuation
A skilled attorney can provide a realistic assessment of your case’s worth based on their experience and knowledge of similar cases. This helps you avoid settling for less than you deserve.
Strong negotiation skills
Insurance companies often try to minimize payouts. A skilled personal injury lawyer knows how to negotiate effectively with insurance adjusters and defense attorneys to secure fair compensation for you.
Access to resources
A top-tier personal injury law firm should have access to medical experts, accident reconstruction specialists, and other professionals who can strengthen your case and provide valuable testimony if needed.
Understanding of legal procedures
Navigating the legal system can be overwhelming, especially when you’re recovering from injuries. Your attorney will handle all legal procedures, ensuring your case meets all required deadlines and that your rights are protected throughout the process.
Contingency fee arrangement
Most personal injury lawyers, including those at Allen & Allen, work on a contingency fee basis. This approach means you don’t pay any upfront costs, and you only pay attorney fees if they successfully resolve your case through a settlement or verdict. Contingency arrangements open the door to all individuals, regardless of their income, so they can pursue justice without financial risk.
Steps to take to maximize the value of your personal injury case
To help ensure you receive fair compensation for your case, consider taking the following steps:
- Seek immediate medical attention and follow all treatment plans
- Document everything related to your accident and injuries
- Preserve evidence, including photos of the accident scene and your injuries
- Avoid discussing your case on social media
- Don’t provide recorded statements to insurance companies without legal counsel
- Contact a personal injury lawyer as soon as possible
Don’t negotiate your personal injury claim by yourself
Insurance companies know your vulnerabilities. You may be facing a mountain of medical expenses, missed work, and physical pain. You may just want to put the accident behind you and move on.
The at-fault party’s insurance company will likely try to call you soon after the accident. They may entice you with a settlement offer that may seem fair or they may pressure you to accept whatever offer they make.
Call a personal injury lawyer. They will manage all communications with the insurance company, shielding you from any lowball or inadequate settlement offers.
Why should you choose a trial lawyer to handle your personal injury claim?
According to Allen & Allen’s Charles “Litt” Allen, some people with personal injury claims are surprised to find out that they are not automatically entitled to a settlement from the insurance company. In fact, their only legal right is a trial to determine the amount of their recovery.
He explains further:
The only way to force an insurance company to pay is to successfully sue the at-fault party and their insurer. A personal injury lawsuit claiming very modest injuries are sometimes resolved by a judge in General District Court. However, personal injury lawsuits claiming more significant cases require a Circuit Court trial, which, in Virginia, allows a jury of seven people to decide the case.
During the trial of a personal injury lawsuit in Circuit Court, a judge tells the jury what to consider when deciding the amount the injured person receives if the injured person wins. Typically, the jury is instructed to consider not only the injured person’s financial losses, which include medical expenses and lost earnings from time out of work, but also the injuries themselves and any pain and inconvenience they cause.
I often explain to juries that inconvenience means how my client’s normal activities of daily living are limited or altered by the injuries. Many clients consider this to be their most significant loss, even greater than their medical expenses and lost wages.
In most personal injury cases I handle, we reach a settlement without going to trial by negotiating with the insurance company to get a fair offer. The negotiations and the final settlement are based on what each party thinks would happen if the case went to trial. In other words, a personal injury settlement is fair if it’s the same amount that a jury would award if they decided the case.
Successful personal injury trial lawyers tend to get excellent settlements for their clients. There are three reasons for this:
1. An experienced and knowledgeable trial attorney can develop the evidence in the case to make a persuasive presentation to the insurance company and, if necessary, to a jury.
2. An experienced trial attorney can reasonably predict what a jury might award, based on their experience with similar cases.
3. A successful trial lawyer has a reputation and a proven record of success that they leverage, usually leading to quicker, higher personal injury settlements or more favorable verdicts.
Anyone suffering personal injuries should be aware that the at-fault party’s insurance company is a business looking out for its own financial best interests. An injured person who is not represented by an experienced trial attorney may be at a significant disadvantage trying to settle directly with the insurance company. The following example illustrates this point.
Charles L. Allen is among the third generation of Allen family attorneys to have worked with the personal injury law firm Allen, Allen, Allen & Allen. Since joining the firm in 1983, Charles has had extensive experience handling various types of personal injury cases.
How Allen & Allen helps with personal injury claims
At Allen & Allen, we understand the challenges you face after a personal injury. Our team of dedicated personal injury lawyers has been serving Virginia residents for over 110 years. We’re committed to providing compassionate support and aggressive representation to help you secure the compensation you deserve.
When you choose Allen & Allen, you benefit from:
- A free initial consultation to discuss your case
- A team of experienced attorneys and support staff dedicated to your case
- A proven record of successful settlements and verdicts
- Local knowledge and a strong reputation in Virginia courts
- Personalized attention and steady updates on your case progress
Our practice areas encompass a wide range of personal injury cases, including but not limited to:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Slip and fall incidents
- Medical malpractice
- Wrongful death claims
- Nursing home abuse
- Premises liability
- Rideshare accidents
- Product liability
- Dog bites
- Construction accidents
- Boating accidents
- Bus accidents
Contact Allen & Allen today
If you’re wondering, “What is my personal injury case worth?”, the answer may be more than you realize. A personal injury lawyer with Allen & Allen can help you understand your rights, assess the value of your case, and fight for the compensation you deserve.
Contacting us today for a free consultation is your first step toward reclaiming your life and getting all of the compensation you deserve.
At Allen & Allen, we’re more than just your attorneys – we’re your advocates, your support system. Call 866-388-1307 or visit our website to schedule your free consultation today.
