How Much Is My Personal Injury Case Worth?
August 23, 2018
If you were hurt in a preventable accident and plan to hold the responsible party financially accountable, it’s natural to have a lot of questions about the upcoming proceedings. Questions like “How do I prove fault?” or “What kinds of damages can I include when calculating a fair settlement amount” are common when considering a personal injury case and can be answered with the help of an experienced personal injury attorney.
Since personal injury case awards can range from a few thousand dollars to a few million, it’s also common to question the potential total value of your claim. Although a reputable law firm will never promise to secure a sizable settlement for a client, a seasoned personal injury lawyer can explain the kinds of damages that may be recoverable and the factors that will affect the value of your claim.
If you’re wondering “how much is my personal injury case worth?” — consider these factors.
1. Total Damages
The total amount of compensation you may be entitled to will depend on the damages you received. In personal injury claims, potentially recoverable losses include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Lost benefits
- Property damage
- Scarring and disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
In some cases, plaintiffs are also entitled to punitive damages in the state of Indiana. Instead of compensating the claimant for any covered losses, a punitive award aims to punish the defendant for especially egregious or malicious behavior.
2. Percentage of Fault
If you were not responsible for the accident in any way, you may be able to recover compensation for 100 percent of the damages. Otherwise, your total award will be reduced by your own percentage of fault under Indiana’s comparative fault rule. However, if you’re found to be at least 50 percent responsible, you cannot recover any funds for the damages.
3. Ability to Pay
Although there are some circumstances in which insurance providers will pay out more than their policyholder’s limits, they are rare and typically require a lengthy trial and separate insurance bad faith claims. In most cases, the defendant’s ability to pay — in other words, his or her total coverage limits — will determine the size of the settlement recovered.
This is one of the main reasons why it’s essential to identify all potentially liable parties following an accident. When seeking compensation from multiple defendants, you will have a greater chance of recovering compensation for all applicable damages.
Discuss Your Case with a Personal Injury Lawyer in Lafayette Today!
If you sustained serious injuries because of someone else’s negligence, turn to Ball Eggleston as soon as possible. Taking immediate action will allow a Lafayette personal injury attorney on our team to investigate thoroughly while all the evidence is still available.
Call (765) 742‑9046 or fill out our contact form to schedule a free consultation.
Contact us today to schedule a consultation with one of our experienced attorneys.
Ball Eggleston — a Lafayette, Indiana law firm — is located at 201 Main Street, Suite 810 P.O. Box 1535 Lafayette, IN 47902. Contact Ball Eggleston by phone at (765) 742‑9046, by fax at (765) 742‑1966, or by email at info@ball-law.com. For additional information, find Ball Eggleston online at ballegg.local.
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Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.