Personal Injury Case Worth
What Compensation are You Entitled To?
By Mary Ann Pekara
The value of your personal injury case depends on many factors, including:
- The facts of your case
- The extent of your injuries
- The quality of your evidence
- The knowledge and dedication of your personal injury lawyer
FACTS: The facts of your personal injury case will answer the two all-important questions of any personal injury case: who was at fault, and what are your damages? Before you can expect to successfully pursue a personal injury claim or injury settlement, there must be another party who is responsible for your personal injury, and you must have damages (losses) for which you can be compensated.
EVIDENCE: Of course, just having the facts on your side isn't enough. You and your personal injury lawyer have to prove them in a court of law-or at least convince the insurance company's attorney that you will be able to do so. That means that your personal injury case can be very reliant on the availability of detailed police reports, your personal injury attorney's ability to craft strong discovery documents and take depositions, and the availability of witnesses and physical evidence.
YOUR PERSONAL INJURY LAWYER: The quality and commitment of your attorney can be critical to a successful personal injury claim. Your personal injury lawyer will have to gather evidence, interview witnesses, negotiate with the insurance company, calculate your damages, and much more. Without that ability and willingness, even favorable facts and evidence may not translate to fair compensation for your personal injury.
To find out more about these factors, request a free personal injury case evaluation, or call us now, toll-free, at 877-288-7564.
How Your Personal Injury Lawyer Can Fight for You
In most personal injury cases, the plaintiff has the responsibility to prove the facts of your case, the necessary elements of a personal injury claim, and your damages.
Generally, you'll have to prove your personal injury claim "by a preponderance of the evidence," or according to a similar standard. If your personal injury attorney can't prove that another party is responsible for your injury, your personal injury case will end there.
That's one reason it's so critical that you find the right personal injury lawyer-one you can trust to know the standard and build a strong case.
To learn more about the burden of proof in your state, talk to a local personal injury lawyer. Submit a request through the free personal injury case evaluation form, or call us now, toll-free, at 877-288-7564.
Proving Liability in a Personal Injury Case
Injury lawyers can help. In most cases, proving that someone else is responsible for your personal injury means proving three elements:
- Duty: The first element necessary to establishing liability is that the other party had a duty, or a responsibility, to do something - or to refrain from doing something.
- Breach of Duty: This simply means that the other party didn't do his duty because he didn't act as a "reasonably prudent person" would under those circumstances.
- Proximate Cause: Even after your personal injury attorney has established that the other party was negligent, the claim hasn't been established. It's not enough that the other person or company did something wrong - you also must prove that the "something wrong" caused your personal injury.
Is Liability Enough To Win a Case?
Once your personal injury attorney proves that the other party is liable for your injury, you will still have to prove damages. The amount of compensation you are entitled to receive in your injury settlement is entirely dependent upon the damages your personal injury attorney can prove.
The calculation of your damages will take into account:
- Your medical bills
- The value of any property damaged, lost or destroyed
- Pain and suffering
- Lost work time and limitation on future employment
- Rehabilitation time and expenses
None of these factors stands alone. Each one must be tied directly to the personal injury you received as a result of the defendant's negligence.
Your medical records must clearly document the connection. Any delay between the personal injury and seeking the advice of a qualified personal injury lawyer may mean a decline in the value of your case.
Talk to a personal injury lawyer in your area today to find out what you need to do to protect your personal injury claim, and to learn about these personal injury case steps and your personal injury rights in more detail.
Call us at 877-288-7564 or fill out our free personal injury case evaluation form> to connect with an attorney for your free, no-obligation consultation.
Additional factors like the insurance coverage available, the particular insurance company involved, and your location may have an impact on the value of your case. Your personal injury attorney will be able to tell you how those factors impact your particular case.