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What is The Value of a Personal Injury Case and How Is It Calculated?

(Credit: What is The Value of a Personal Injury Case and How Is It Calculated?) What is The Value of a Personal Injury Case and How Is It Calculated?
March 24
10:25 AM 2020

If you have suffered a personal injury you might be wondering whether you have a case and what it's value might be. You might also be wondering whether what happened to you might qualify or not as personal injury.

What are the most common types of personal injury?

Obviously, there is an unlimited amount of personal injuries. And they fall into different categories. You might have been involved in a car accident, or maybe you were the victim of medical malpractice due to negligence of a hospital, doctor, nurse or other healthcare practitioners. It might also be that you suffered an accident at work, or that someone that was important to you has been killed due to the negligence of others. You may also have consumed or used a product that turned out to be defective or dangerous or maybe you fell in a commercial establishment such as a grocery store that had oil on the floor.

What can you do when you suffer a personal injury?

You can bring a lawsuit based on the defendant's negligence. For it to be successful, you must prove that four elements existed. These are:

  • The defendant's duty

  • The defendant's breach of that duty

  • The actual and proximate cause

  • The damages

So, how would you establish the value of your personal injury case?

When you and your personal injury attorney present your testimony, the nature and extent of your injuries would be explained. Present and future medical bills would be presented. But other issues that may not be easily quantifiable will also be added. This might be the loss of enjoyment of life, the pain you may be feeling on a continuous basis, and any limits you may be facing in your daily life due to these injuries.

Of course, the defendant's lawyer will try to deny the amount of pain you claim to feel as well as to discredit your claim as being an exaggeration. This is where the opinion of an expert can turn your case in your favor.

What elements are included when calculating the value of a personal injury case?

There are two sets of damages taken into account when calculating the value of a personal injury claim: 

Economic damages

These include medical bills, lost wages, rehabilitation costs, treatment procedures, hospital bills, transportation to and from the hospital and medical appointments, and, in general, any out-of-pocket expenses you might have incurred. Additionally, future expenses and losses can also be added.

Non-economic damages

These are more difficult to quantify and cover pain and suffering, and loss of enjoyment of life.

How do you come up with the exact number?

Obviously, it is vital for you to have kept detailed and accurate records of all your expenses. With that information on hand, you should sit down with your personal injury attorney and explain to them all the procedures you have undergone and any other expenses you expect to incur. The number that works for your particular case will not be the same as for any other. It will be what you need to recover all the damages suffered to date and those that will come in the future. Call your personal injury Lawyer Abercrombie today and set up your free initial consultation.

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