What is the Value of My Personal Injury Case?

We have received this questions many times and indeed, it is an important one. Once we have a clear estimate of how much your case is worth, the better the chances are of making the insurance company pay for medical expenses, missed work days, and pain and suffering. Throughout our experience, our skills at estimating the tangible costs (medical expenses, damages to property, days of work that were missed due to an injury) and intangible costs (emotional suffering, sleep deprivation, decreased enjoyment of life, etc.) has improved dramatically.

However, it can be difficult to value your potential case without talking to you directly. In the event that you want to speak with an attorney about a case, I provide free, no-obligation consultations. Nevertheless, we will discuss the type of questions that we ask to analyze the worth of our client’s cases.

Who Was Responsible for the Accident?

Did an individual person or a company cause the accident? For instance, in car accidents such has been the case that a driver was responsible for the accident and is completely at-fault. However, there have been cases where the responsibility has been divided between the two drivers involved in the accident. Even the smallest amount of responsibility that you take for an accident will lower the value of your case.

Were You Taken to the Hospital Immediately?

The quicker you went to a hospital after an accident, the better it will be for your case. On several occasions, people rather wait and find out if their body will be restored on itself, which can be a bad move. The more time you take to get medical treatment after your wreck, the worse it appears to the insurance companies, who would use the gap to justify arguments against you, such as “if you didn’t receive medical attention immediately, than you probably weren’t hurt has bad”.

However, it you did not receive medical treatment immediately, there’s still hope. Such was the case of a previous client that waited more eighteen months to receive medical treatment and our law firm was still able to provide her with a settlement. In situations like these, although success can still be reached, it can be more difficult.

Have You Followed Your Doctor’s Instructions?

Those hurt in accidents are expected to completely follow their physician’s advice and attend every appointment. Gaps in your treatment that have no explanation can negatively affect the worth of your case, due to the fact that the other party involved can argue that you were not severely hurt in the accident. As a patient, by following your doctor’s orders and attending every appointment, you are helping increase the worth of your case.

What is the Severity of Your Injuries?

As you probably imagined, the greater your injuries, the greater your case is valued. Additional questions you might be asked are did your injuries completely heal, or did the injuries leave scars? Did the accident leave you with physical constraints? Were any of your bones broken? Did you have any surgeries? Are the physical records that can serve as evidence, such as MRIs, x-rays, or CT scans that show the damage? In addition, will you need medical treatment in the future? Is so, the value of your case will increase.

Were There Any Work Days Missed Due to Your Injuries?

Here in Texas, an accident victim has the right for any compensation from missed days at work and lost wages. Likewise, in the event that you cannot go back to work, you can be compensated for your lost earning capacity. Do note that missed work must be supported by your employer, or I the case that you are self-employed, by your tax returns.

Is Your Evidence Strong?

Strong and clear evidence is important in creating your case.  According to the law, an accident victim can’t simply place the blame on someone else for causing them injuries. You must demonstrate and prove that the car wreck was the other person’s responsibility, and that the injuries you sustained were a result of the wreck. Then, you must demonstrate how your injuries negatively affected your finances and your personal life. Are there any photographs of the accident? Do you have witness testimonies demonstrating missed important life events? Were there any financial issues as a result of medical expenses and missed work days? Did you suffer any marital relations?

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