Personal Injury FAQ

How Much is My Case Worth?

This is one of the harder questions to answer because the value of a case is determinant on several factors. A case’s worth is based on five components, including:

  • Past medical bills
  • Expected future medical bills
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering (including mental trauma)

There is no easy way to determine a case’s value; it is largely based on evidence, such as whether there are discrepancies in the testimony, medical records, or other pieces that may detract from the integrity of the injured party’s case. The severity of your injuries; the details of your accident; your degree of fault; your employment history; your ability to work; and your life expectancy will all be considered when determining the amount of compensation owed for your injuries. The ways in which you obtain medical treatment, your lifestyle, and your litigation history will also be considered.


Should I Accept the Insurance Company Settlement?

This question is for you to answer, but always keep in mind that insurance companies are in the business of minimizing payouts to maximize company profits. No matter how nice the insurance adjuster appears or how many details they give you regarding your compensation, the adjuster’s main goal is to pay you as little as possible. In many cases, the adjuster will be rewarded for resolving claims for as little as possible and as quickly as possible.


How Much Will My Claim Cost?

All personal injury cases are different, so it’s best to talk to the attorney representing you to figure out what the end cost will be. Typically, personal injury lawyers will handle personal injury claims on a contingency fee basis, which means that their fee is a percentage of the payout that you receive - meaning if you don’t get paid then they don’t get paid. If you would prefer to hire an attorney on an hourly basis, that option is also usually available.


How Long Does a Personal Injury Lawsuit Take Until Settlement?

It’s difficult to determine how long it will take to resolve a personal injury lawsuit, as many factors can play a role in the length of time necessary to resolve a claim. Each case is unique, so no general timetable can be predicted for personal injury cases. A personal injury lawsuit may settle in a few months without the need for a trial, while others can take years to complete.


Can I Pursue Compensation if I Was Partially at Fault for My Injuries?

This depends entirely on your jurisdiction. In a few areas, individuals are not allowed to recover compensation if their negligence partially contributed to their injuries. In most jurisdictions though, victims can still receive compensation if they were partially at fault for their injuries. In these cases, the amount of compensation awarded to the victim may be decreased depending on the victim’s degree of negligence.



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Revised: April 10, 2017, 8:22 p.m.
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