«

»

Jan 07

Print this Post

What is My Personal Injury Claim Worth? Five of the Factors That Impact the Value of Your Injury Case

Share |

One of the things we are often asked by potential clients is “what is my claim worth?”  or “what is a fair settlement value?”

5 Factors That Impact Your Case

People who have been involved in a car accident or otherwise injured through the negligence of another person often want to know how much they should expect to recover.    We have discussed the various components of a damages claim elsewhere.   One thing you should not do is rely on any “rule of thumb” or online damages calculator to try and figure out the value.  To get a quick understanding, some of the important factors include:

1.  Scope or Severity of Injury–  The more severe the injury the higher the value.  For example, broken bones are worth more than bruising.   Likewise, multiple injuries are generally worth more than a single injury.  Or, a herniated disc in your back impinging on your spinal cord has a higher “value”  than a bulging disc.  This is one reason we tell clients the best case is the case with the smallest value–It is because in that case they are dealing with smaller injuries with less impact on their regular lives..

2.  Amount of medical bills and out of pocket expenses-  The amount of your medical bills is a factor in determining the value of your case.  The more your bills, the more your case is probably worth.  In some cases, your bills may be covered fully under Med-Pay or P.I.P. benefits from your own auto insurance company.  This in turn reduces your “out-of-pocket” expenses and hence the value of your case.  Cases with high diagnostic medical costs (MRI’s etc.) as opposed to higher treatment costs have less value.

3.  Liability– If you have no responsibility for the injury  then this is a positive factor in the value of your claim.  If you are partially at fault, your percentage of fault is subtracted from the amount of your award, and the value of your claim is diminished.  A full discussion of comparative fault and the “50/50 Rule” is here.

4.  Prior Injuries –  If you have significant prior medical issues, it may affect the value of your claim either positively or negatively.  There is a saying in the law that you take your victim as you find them or that person is an “eggshell plaintiff”.   An aggravation of prior injuries is a significant factor in the value of your claim.

5.  Prior Claims– Every time you bring a claim for personal injures, it is being recorded in a database that the insurance company will use against you.  they use this information to raise questions about your credibility and it suggests to some that you are an improperly  litigious person.  This can affect the value of your claim because it will be used to “slime’ you in front of a jury.

While these five are not, by any means the only issues that impact the value of a claim, they are five important things that can do so.   As Idaho’s Injury Lawyers our goal is to help people throughout Idaho .  Please call  if you have any questions about your injury claim.  The initial consultation is always free.

 

 

Permanent link to this article: http://holzeredwardsinjurylawyers.com/2012/01/what-is-my-personal-injury-claim-worth-five-of-the-factors-that-impact-the-value-of-your-injury-case/

10 comments

21 pings

Skip to comment form

  1. Personal Injury Lawyer

    G’Day! Holzeredwardsinjurylawyers,
    I know what you mean, A personal injury claim can be made by anybody who suffered injuries due to the negligence of another person can, no matter if the injury type is physical or psychological. So you can make a personal injury claim for all sorts of conditions like spine injuries, shoulder damage, whiplash, broken bones, affecting legs or arms, the lose of the ability to work etc.
    I look forward to your next post

  2. personal injury claims

    Those five points are often very useful and has a wonderful outlook…we have to just see that….

  3. Martin

    Here are certain time limits also which are different from country and regional basis. you have to check that what os the local time limit set by medical attorney, then only you can file your case to get the compensation.

  4. Shelley

    “What is My Personal Injury Claim Worth? Five of the Factors That
    Impact the Value of Your Injury Case ? Idaho Injury Law Blog | Idaho
    Injury Law Blog” was in fact seriously compelling and educational!
    In the present day universe that is challenging to carry out.
    Thanks, Verla with primeonlinesolutions

  5. Charles

    People who have been involved in a car accident or otherwise injured through the negligence of another person should know how much they should expect to recover.

  6. Tim

    I was involved in a slip and fall accident. I was in a eye doctors office. My eyes were dialated. I went to sit down on a stool with five rolling legs and the stool slipped from under me. I fell to my right knocking a hole in the wall. Injuring my neck and my shoulder. I went to the doctor and I have a sparin neck and shoulder. They say the fall agggrivated my arthritis and that I have bulging discs. What is my claim worth?

    1. Kurt Holzer

      There is no magic number. But the reality is based on your description maybe not much. There are many things that make it a difficult case but there are a good couple of facts as well. You should personally consult with a lawyer in your area

  7. mike

    I fell 3 years ago at work off of a machine that was 4 feet off the floor.. I broke my right shoulder blade in half a busted my head open. And now I keep a migraine headaches and black out spells. Just trying to see if I’m getting the wool pulled over my eyes because the dr said I can’t ever go back to my profession that I worked all my life to get to. I would appreciate a feed back on the net worth of my claim. I’m 39 years old now.

    1. Kurt Holzer

      This sounds like it is a workers comp injury not a personal injury claim. Workers compensation cases are controlled by statutes passed by the Legislature. Working people generally are not very well taken care of in these situations. We do not practice in this area of la and recommend that you contact an experienced workers compensation attorney to evaluate your claim

  8. Pei Hessel

    Disc herniations are normally a further development of a previously existing disc “protrusion”, a condition in which the outermost layers of the annulus fibrosus are still intact, but can bulge when the disc is under pressure. In contrast to a herniation, none of the nucleus pulposus escapes beyond the outer layers.-:;.

    Newest blog post coming from our personal website

  1. THE RIGHT TO PERSONAL INJURY CLAIM – Personal Injury Claim

    […] on the amount the claimant would get from the accident. Apply for a personal injury claim now.Personal injuries happen and when they do you should consider applying for a personal injury claim. …to property.  The personal injury term is usually coined by lawmakers for those personal incidents […]

  2. What is A Personal Injury Claim Worth? » Idaho Injury Law Blog | Idaho Injury Law Blog

    […] by a dangerous product, in a 18- wheeler case or from any other negligent cause.  We have discussed issues related to claim values before but there is always more to be said.  The first answer is that your claim value is the same as […]

  3. Some FAQs About Injury Claims in Idaho | Idaho Injury Law Blog

    […] of your injuries and the available recoverable resources.  There’s no magic formula.  The more serious your injury, the more the case is worth.   For example, a person who suffers minor connective tissue damage, neck strain etc., will not […]

  4. Personal Injury Lawyer Gooding | personalinjurylawyers24

    […] What is My Personal Injury Claim Worth? Five of the … – Print this Post. What is My Personal Injury Claim Worth? Five of the Factors That Impact the Value of Your Injury Case… […]

  5. Personal Injury Lawyer Greenleaf | personalinjurylawyers24

    […] What is My Personal Injury Claim Worth? Five of the … – Print this Post. What is My Personal Injury Claim Worth? Five of the Factors That Impact the Value of Your Injury Case… […]

  6. Personal Injury Lawyer Bruneau | personalinjurylawyers24

    […] What is My Personal Injury Claim Worth? Five of the … – Print this Post. What is My Personal Injury Claim Worth? Five of the Factors That Impact the Value of Your Injury Case… […]

  7. Personal Injury Lawyer Payette | personalinjurylawyers24

    […] What is My Personal Injury Claim Worth? Five of the … – Print this Post. What is My Personal Injury Claim Worth? Five of the Factors That Impact the Value of Your Injury Case… […]

  8. Personal Injury Rule Of Thumb | Fast Personal Injury

    […] What is My Personal Injury Claim Worth? Five of the … – G’Day! Holzeredwardsinjurylawyers, I know what you mean, A personal injury claim can be made by anybody who suffered injuries due to the negligence of another … […]

  9. Value Of Insurance Personal Injury Claim Florida | Fast Personal Injury

    […] What is My Personal Injury Claim Worth? Five of the … – One of the things we are often asked by potential clients is “what is my claim worth?” or “what is a fair settlement value?” […]

  10. What Is My Bodily Injury Claim Worth | Fast Personal Injury

    […] What is My Personal Injury Claim Worth? Five of the … – One of the things we are often asked by potential clients is “what is my claim worth?” or “what is a fair settlement value?” […]

  11. Bodily Injury Claim Value | Fast Personal Injury

    […] What is My Personal Injury Claim Worth? Five of the … – Print this Post. What is My Personal Injury Claim Worth? Five of the Factors That Impact the Value of Your Injury Case […]

  12. What Is The Value Of My Personal Injury Claim | Your West Coast Personal Injury

    […] What is My Personal Injury Claim Worth? Five of the … – “What is My Personal Injury Claim … This sounds like it is a workers comp injury not a personal injury claim. … Value Of Insurance Personal Injury Claim … […]

  13. What Is My Case Worth Personal Injury | Fast Personal Injury

    […] What is My Personal Injury Claim Worth? Five of the … – “What is My Personal Injury Claim Worth? … Impact the Value of Your Injury Case ? … This sounds like it is a workers comp injury not a personal injury claim. […]

  14. What Is The Value Of My Personal Injury Claim | Best West Coast Personal Injury

    […] What is My Personal Injury Claim Worth? Five of the … – “What is My Personal Injury Claim … This sounds like it is a workers comp injury not a personal injury claim. … Value Of Insurance Personal Injury Claim … […]

  15. How Do I Value My Personal Injury Claim | Your West Coast Personal Injury

    […] What is My Personal Injury Claim Worth? Five of the … – One of the things we are often asked by potential clients is “what is my claim worth?” or “what is a fair settlement value?” […]

  16. How Do I Value My Personal Injury Claim | Best West Coast Personal Injury

    […] What is My Personal Injury Claim Worth? Five of the … – One of the things we are often asked by potential clients is “what is my claim worth?” or “what is a fair settlement value?” […]

  17. What Is The Value Of My Personal Injury Claim | Easy Personal Injury

    […] What is My Personal Injury Claim Worth? Five of the … – What is My Personal Injury Claim Worth? … This sounds like it is a workers comp injury not a personal injury claim. … Value Of Insurance Personal Injury Claim … […]

  18. David Benowitz Personal Injury | The West Coast Personal Injury

    […] What is My Personal Injury Claim Worth? Five of the … – Print this Post. What is My Personal Injury Claim Worth? Five of the Factors That Impact the Value of Your Injury Case […]

  19. What Is My Personal Injury Claim Worth | Best West Coast Personal Injury

    […] What is My Personal Injury Claim Worth? Five of the … – What is My Personal Injury Claim Worth? Five of the Factors That Impact the Value of … This sounds like it is a workers comp injury not a personal injury claim. […]

  20. What Is My Case Worth Personal Injury Calculator | Personal Injury Today

    […] What is My Personal Injury Claim Worth? … – … thumb” or online damages calculator to try and … Your Injury Case ? Idaho Injury Law Blog … is My Personal Injury Claim Worth? … Impact … […]

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>