Image source: freepik
When you get injured from an accident and want to get compensated, your first thought is whether the case even has value. After all, insurance companies try to settle faster with a smaller amount. To stay confident and fight for fair compensation, you need a personal injury lawyer. If you’re wondering how they can help, here are different ways they evaluate the worth of your case.
Establish Liability
A personal injury lawyer first determines which party is legally responsible for the injuries. Suppose it’s a car accident case. They assess police reports, witness statements, vehicle damage, traffic camera footage, and even accident reconstruction reports. In a personal vehicle, the responsible party is the driver. If a commercial vehicle was involved, the responsible party becomes both the driver and the company. If you sustain injuries on unsafe property, the claims fall under Premises Liability principles. However, if the liability is not clearly proven, you may not get the compensation.
Calculate Economic Damages
Next, a personal injury lawyer Roanoke, VA, focuses on the economic damages you have incurred. These are measurable financial losses solely around the injury and are easy to list and calculate. For this, the lawyer collects evidence of the following:
Medical expenses, including emergency room visits, hospital stays, prescription medications, specialist consultations, medical equipment, physical therapy, and surgeries. If the accident left major traumatic brain injuries, it will require long-term care, including ongoing rehabilitation, medical monitoring, and cognitive therapy. In this case, the lawyer consults medical professionals to get an estimate for lifelong costs. Loss of wages is calculated if you miss work. The attorney assesses the lost salary or hourly pay, potential overtime pay, bonuses, commissions, and sick and vacation time used for healing. Loss of earning capacity is demanded if the injury affects your ability to work in the future. This happens when a construction worker can’t resume a job for a lifetime. Here, lawyers collaborate with economic experts to calculate long-term financial losses.
Evaluate Non-Economic Damages
In personal injury, there’s more than a simple hospital bill. Some losses are emotional, psychological, and personal. They can be pain, suffering, emotional distress, permanent disability, disfigurement, loss of companionship, or loss of life enjoyment.
Since these are subjective damages, attorneys rely on established legal frameworks and past case results to figure out a fair compensation. Sometimes, insurance companies try to minimize these losses. However, the right lawyer will be prepared with all evidence, including medical testimony, family statement, and journals to prove the true impact of the injury.
Understand the Severity of Injury
Depending on the severity of the injury, the case value can change further. For instance, temporary injuries receive lower settlements than those that change life for good, like spinal cord issues or paralysis. So, your attorney identifies the recovery duration, extent of physical impairment, long-term disabilities, requirement for new assistive devices, and psychological impact.
Study Insurance Policy Limits
Sometimes, damages are obvious and huge, but insurance coverage limits make compensation impossible. This is because homeowner’s policies restrict liability coverage. Auto insurance policies have a limit for the maximum amount of payout. Commercial policies, on the other hand, may have higher limits. In such cases, your lawyer investigates all possible insurance sources that can provide you with fair compensation. Common ones they check are employer policies, at-fault party’s policies, and even your own uninsured/underinsured motorist coverage.
Consider Comparative Fault
If you are at fault, the compensation value may also be reduced. In these cases, an experienced person aims to reduce the assigned fault on you. They identify the strongest possible evidence in favor, shifting responsibility from you and reducing the comparative fault.
Assess Case Precedents and Jury Trends
When estimating settlement value, personal injury lawyers keep the expectations realistic by checking previous similar case outcomes. They assess jury verdict trends, similar injury cases in your jurisdiction, settlement data, and local court tendencies. By understanding these trends, your attorney can make more strategic negotiations.
Account for Litigation Risk
Every personal injury case comes with a risk. Your lawyer tests the strength of liability evidence and the credibility of witnesses. They assess potential defense arguments and the chances of success in trials. If the case has strong liability and clear damages, the value of the settlement increases. Due to disputed liability, the negotiation is affected by risks.
Experienced lawyers consider every factor during consultation and advising, helping you understand whether to accept a settlement as it is or go for a trial.
Closing Thoughts
By determining the true value of your case through a comprehensive evaluation, a personal injury lawyer not only helps build your case but also ensures your confidence throughout the process. So, find a reliable lawyer so you know whom to connect with when there’s any issue.