How Much Is Your Personal Injury Claim Worth? Factors That Affect Compensation

A personal injury is typically a physical injury, although its effects often include intangible harms such as pain and suffering. No two personal injury claims are exactly alike, and many unique factors influence compensation. It is important to understand how each element of compensation contributes to your total potential recovery. Your claim might be worth more than you think it is. Below are some of the most important factors in determining its value.

The nature and severity of your injuries

Every type of injury carries its own special characteristics. Soft tissue injuries like whiplash, for example, can be difficult to prove. Catastrophic injuries might require long-term compensation that is difficult to calculate. Wrongful death claims invoke an entirely separate list of damages.

Medical expenses

Medical expenses are the most commonly awarded component of damages in a personal injury claim. They might include:

• Emergency room visits
• Hospital stays
• Surgery
• Long-term treatment, physical therapy, and medication

Insurance companies might balk at paying for unconventional treatments like acupuncture or chiropractic care. You can only claim medical expenses you can prove. It is possible, however, to recover for estimated future medical expenses.

Lost income vs. diminished earning capacity

Lost income refers to the income you have already lost because of your injury (two weeks off work, for example). Diminished earning capacity refers to your loss of future income if your injuries prevent you from returning to your previous occupation.

If you suffered a traumatic brain injury, for example, you might find it difficult to concentrate for long periods of time. Think about how much this limitation might affect your earning capacity between now and your eventual retirement.

The assistance of an expert is often critical. Failing to accurately assess diminished earning capacity may result in insufficient compensation for long-term financial needs. Select an expert with a good reputation in their field, who is also experienced at testifying in court.

“Pain and suffering”

Although “pain and suffering” is a term of art in personal injury law, its meaning is not terribly counterintuitive. Generally, it refers to physical discomfort, emotional distress, and loss of enjoyment of life. It would also include physical suffering such as respiratory distress.

The “loss of enjoyment of life” component might include, say, the inability to exercise or even play fetch with your dog.

“Loss of consortium”

Loss of consortium is a separate claim that your spouse or registered domestic partner can assert to compensate them for their own loss of companionship, affection, intimacy, and household services due to your injuries. Your spouse or partner cannot recover for loss of consortium unless your claim is successful.

Scarring, disfigurement, and permanent disability

This component of damages compensates you for the visibility and psychological impact of scars or amputations rather than medical treatment, which is a separate category of compensation. You can also receive damages for loss of mobility or bodily function.

The availability of insurance

Insurance companies pay most personal injury claims. Generally, insurance companies will not pay more than the policy limits, though exceptions may apply in bad faith cases or where additional coverage exists.

Insurance policies might include the at-fault party’s liability insurance policy, your own uninsured/underinsured motorist coverage, or some third party’s insurance policy (under the right circumstances).

Your role in the accident

Washington, D.C.’s contributory negligence law is a huge consideration. If you are partly at fault, you will be disqualified from compensation.

However, under D.C. law, a bicyclist or pedestrian who is injured in a collision with a motor vehicle will not be barred from recovering damages as long as their own fault for the accident is not greater than 50%.

Documented evidence

The more convincing evidence you amass, the better case you can build in case you need to go to court. Consequently, the defendant is likely to settle for more just to avoid facing you before a jury. Your own credibility is important. Seek medical treatment immediately after the accident. Do not post about your accident on social media. Follow your doctor’s instructions to the letter.

Venue and jury demographics

Different juries see evidence in different ways. A Georgetown jury, for example, might look at your case differently than a jury from another part of D.C.

The skill and reputation of your attorney

A skilled and well-respected attorney, particularly one with a strong reputation in litigation, can often secure a more favorable settlement. Defendants may offer more in order to avoid facing potential disaster at trial. Your lawyer’s negotiating skills are also very, very important.

The role of patience

The defendant’s first offer is not likely to be their best. Instead, it’s likely to be a ridiculously insufficient “lowball” offer. Don’t settle until you receive a fair offer. Your lawyer can help assess whether an offer is fair.

Above all, you need to reach maximum medical improvement before seeking compensation, if you can. Maximum medical improvement is the point at which your doctor declares you have already recovered as much as you are ever going to. This makes it much easier to calculate damages.

Final thoughts: No calculator can replace a real case review

The internet is full of personal injury claim calculators. Insurance companies have their own calculators. But you shouldn’t rely on them. Every case is different, and you need to hire a lawyer to generate a reasonable, realistic value for your particular claim. Remember, no two cases are alike.

We’re ready when you are

Washington, D.C. personal injury law firm Nace Law Group is ready to spring into action as soon as you hire us. Let us handle your claim while you focus on maintaining your health. Call us or fill out our contact form to arrange a free case evaluation. We won’t charge you a dime in attorney’s fees unless we win your case.