When calculating the maximum damages of your personal injury claim, you must consider several factors that will directly affect the value of your claim.
It is important to remember, however, that each personal injury claim is unique and one standard rule does not apply for calculating the compensation you could receive. It is best to consult an experienced personal injury lawyer for a more accurate idea of the compensation you could recover from your claim.
Severity of the Injuries
Determining the cost of severe personal injury claims depends on the amount of suffering, damages and life-alterations your condition has caused you.
A serious injury might require long-term medical treatment, which can be expensive and may require several future hospital visits.
You should also take into account how your daily life has been affected by a serious injury. This could be any minor or major adjustments you have made to your day-to-day activities, career and personal life.
A more severe injury will bring you a higher amount of compensation. If you suffered a serious condition, such as a spinal cord injury or a traumatic brain injury, you will likely require more compensation than for a broken leg.
Severity of the Damage
Another way to maximize your claim is to include any property damages you may have suffered along with your injuries.
Claims for severe car accidents often have higher damage amounts because they cause more property damage than other claims like a slip and fall injury.
For example, a car accident that results in a serious injury and $10,000 in property damage often receives more attention from insurance companies than a claim that resulted in $800 worth of damage.
Who Is at Fault?
Identifying the at-fault party who is responsible for causing your injury is the most important factor of a personal injury claim.
However, if you played a part in causing your own injury, it may affect the compensation your claim entitles.
A Nevada court overseeing a personal injury case will follow the rule of comparative negligence when determining each party’s level of fault.
This means your claim can be reduced if you were partially responsible for causing the accident that caused your injuries.
If you filed a $10,000 claim for a car accident, but a court finds that you were 30 percent responsible because you were speeding, your claim will be reduced to $7,000.
If a court finds that your level of fault in causing your injury is greater than the other party, your ability to file a claim and seek compensation will be forfeited.
An insurance company will review your past medical record to discover any documented injuries you have recently suffered.
If the insurance company thinks that your injury was pre-existing or happened before the accident, it will likely lower the value of your claim or deny it entirely. An injury must be directly caused by the accident to be compensable.
However, if your injury was aggravated by the accident, you should be able to obtain compensation, though it will be reduced.
You may not realize it, but every insurance claim you make is recorded in a database for all insurance companies to use against you.
An insurance company may use this information to downplay the seriousness of your most recent claim and attack your credibility.
This may affect the value of your claim because an insurance company can use this information to delegitimize you in front of a court and jury.
Reliable Legal Help for Filing a Claim
If you need help assessing your claim, consult with an experienced personal injury attorney.
At Henness & Haight, we will provide you with an accurate estimate of the damages you have suffered and determine the strength of your case.
We are also experienced with the tactics used by insurance companies to devalue your claim and credibility. Our attorneys can provide you with reliable legal help and protection of your rights.
Our initial consultation is always free and we only work on a contingency fee basis, which means you only have to pay us if we recover damages for your claim.