How Is the Value of My Case Determined?
If you or a loved one has suffered a personal injury, an accident attorney will protect your rights. There are all sorts of issues to consider after an accident. A lawyer’s primary goal is to ensure you get fair compensation for your injury and damages. Any Los Angeles personal injury attorney is familiar with a client’s greatest concern, which is how much their case is actually worth. This is not always an easy question to answer.
Case value is determined by looking at a legal concept known as “damages”. The types of damages incurred in an accident caused by another party’s negligence, carelessness, or intentional acts vary from case to case. They are used to calculate an amount of money to compensate you for a range of losses.
What Types of Damages Am I Entitled To?
Your attorney will review your case to determine what damages apply. Economic damages are quantifiable losses that account for property damage, personal injuries, and monetary factors such as lost wages and the cost of medical care. A car accident attorney, therefore, needs to review all medical records and reports, including the results of diagnostic tests and doctor’s estimates of recovery time and full improvement.
Medical expenses and lost wages are known as special damages. You can also be compensated for non-economic damages like mental anguish and pain and suffering. These general damages don’t involve an exact dollar amount. Your lawyer will review case law, their legal experience, and past jury verdicts to determine the value of general damages, which aids in negotiation.
What Is Used to Calculate Damages?
Aside from the types of damages sought, several other factors must be considered. These include:
- The client’s lifestyle: An attorney can analyze how specific injuries have affected a client’s abilities. If they’re a parent, an injury can interfere with caring for children, while lost income can affect the entire family.
- Fault: Whether you were at fault for the accident can affect case value. You might be denied a monetary award if at fault. If comparative fault is used, damages may be reduced proportionately to your level of responsibility.
- Insurance coverage: If insurance coverage is limited, the amount of damages recoverable will be reduced. Uninsured motorist coverage can offer protection should you be injured in a car accident and the other driver is uninsured.
- State law: In many states, plaintiffs can recover the gross amount of wages before taxes. But usually, future lost wage awards must be reduced to the present value. However, an investment in future wages can lead to a higher award.
- The court: Decisions by the court significantly impact case value. Sometimes a court will permit the recovery of medical expenses from a defendant, even if the plaintiff’s medical insurance provided full coverage. However, their insurer may put a lien on proceeds received and attempt to recover them. The court can also assess the value based on liability. Whether a case settles or a state awards attorney’s fees and court costs also affect valuation.
Let The Law Offices of Jacob Emrani Value Your Case
Our Los Angeles personal injury attorney can determine what your case is worth and fight to win the financial compensation you deserve. Having recovered millions of dollars in damages, we are the top personal injury lawyer for those injured by someone else’s negligence. The Law Offices of Jacob Emrani serves all of California. If you need a car accident attorney, contact us at 888-952-2952 or reach out online to receive a free consultation.