Determining the value of a personal injury claim involves considering several factors. A personal injury lawyer must gather medical and other information so that when it is time to resolve your case, a reasonable assessment of what a judge may award (if your case went to trial) can be made. In other words: the value of your claim is measured by predicting what a judge may award you, if your case went to trial.
Determining the value of your claim takes some time. Your injuries are not static. Hopefully, they improve. Sometimes, they reach a plateau or get worse. It’s important to establish the nature of your injuries as well as the ripple effects of those injuries on your work, housekeeping, hobbies and other activities, before a proper assessment can be made. Even then, a precise number is not possible. Your personal injury lawyer’s job is to investigate on your behalf, consider the different areas in which compensation is available for you, obtain the appropriate reports from medical and other professionals, and consider other factors that impact the value of the case such as reviewing court cases that involve similar facts. Ultimately, your personal injury lawyer will be able to give you the reasonable range in which the value of the case may fall. This forms the target for settlement. If settlement is not possible, then this forms the basis of your decision on whether to go to trial.
Here are some key elements that can help determine the worth of your personal injury claim:
- Nature and Severity of the Injury: The type and extent of your injury will significantly impact the value of your claim. If you have suffered severe injuries that require extensive medical treatment, long-term rehabilitation, and result in permanent disability or impairment, you may be entitled to higher compensation.
- Accident-related Expenses: expenses including medication costs, rehabilitation and therapy, can contribute to the overall value of your claim.
- Lost Wages and Earning Capacity: If you have missed work or lost income due to your injury, you may be entitled to compensation for lost wages. In addition, if your injury has affected your ability to work in the future, you may also be entitled to compensation for loss of earning capacity.
- Pain and Suffering: Compensation for pain and suffering is intended to address the physical and emotional trauma caused by the injury. This can include physical pain, emotional distress, anxiety, depression, and other related effects.
- Liability: The level of fault of the other party is an important factor in determining the value of your claim. If the other party was clearly at fault, you may be entitled to full compensation compared to if the fault was partially yours.
- Legal Assistance: A personal injury lawyer can help evaluate the value of your claim based on the specific circumstances of your case. They can also help negotiate with insurance companies and provide legal representation if your case goes to trial.
It’s important to note that every case is unique, and the value of your personal injury claim will depend on the specific details of your situation. Consulting with a personal injury lawyer who is experienced in Alberta personal injury law can help you understand the potential value of your claim and determine the best course of action.