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July 17th, 2023 After a personal injury accident, you may wonder how much your personal injury claim is worth. It’s a common question that many clients ask. You may have encountered online ads promising instant calculators, but these tools are often misleading. Instead of using these untrustworthy tools, you can rely on the team at Hess Injury Law to help you assess how much your case is worth.
In this blog post, we will discuss six critical legal factors that can affect your personal injury claim. Our goal is to provide you with the knowledge and resources you need to accurately evaluate your personal injury case’s value. Whether you’re involved in a car, truck, or other personal injury accident, understanding the key factors that influence your claim’s worth is crucial.
If you need legal guidance and assistance in assessing the value of your personal injury claim, don’t hesitate to contact a Hermiston car accident lawyer from Hess Injury Law. We are here to help you.
When it comes to a car accident, establishing liability is a crucial factor in determining the value of your personal injury claim. In straightforward cases like a rear-end collision, fault is often clear-cut, with the liability falling on the other driver. However, situations where fault becomes disputed, such as the infamous “he said, she said” scenarios at traffic lights, make determining liability more complex. The uncertainty surrounding liability can directly impact the value of your claim. It highlights the importance of thoroughly investigating and presenting evidence to support your case and establish fault accurately.
In a personal injury case, establishing causation is essential. It involves demonstrating that the collision directly caused your injuries. For example – when an otherwise healthy individual develops a bulging or herniated disc in their neck after a car wreck, causation is relatively straightforward. However, proving causation becomes more challenging if you have pre-existing injuries or a degenerative spine. These pre-existing or subsequent conditions can complicate the connection between the accident and your injuries. It’s crucial to present the necessary evidence to establish a clear link between the collision and your damages, which ultimately influences the value of your claim.
Damages refer to how much your injuries have affected your life. There are two types of damages recognized under the law: economic damages and non-economic damages. Economic damages include things like medical bills, lost wages, mileage to medical appointments, and expenses related to household help. If your medical bills are substantial, such as in the case of surgery directly related to the collision, it will increase the value of your claim.
Non-economic damages, also known as pain and suffering damages, encompass physical pain, emotional suffering, loss of enjoyment of life, permanent impairment, and disfigurement. Although these damages cannot be quantified with a receipt, the law acknowledges the need to compensate you.
Coverage refers to the insurance coverage involved in your case. You may have been in a catastrophic wreck, but if the at-fault driver does not have significant assets or adequate insurance coverage, your case’s value may be limited to the available coverage. It is not uncommon for people to be unaware of the amount of coverage involved, which often requires an investigation.
Clients who follow the advice of experienced injury attorneys tend to have higher claim values. This includes attending and documenting their injuries with regular medical appointments, asking questions, and seeking objective evidence of their injuries. On the other hand, behaviors like posting on social media or engaging in physically demanding activities shortly after the collision can negatively impact your claim. Factors like a criminal history involving dishonesty can also affect claim values, as insurance companies consider these during the evaluation process.
Timing plays a crucial role, especially in larger cases. Insurance companies often make low offers to injured people who are in a hurry to settle quickly, as they want to assess your determination and commitment to receiving fair compensation. They might prolong the process and even drive the claim into litigation. In such cases, having a trial date becomes necessary to exert pressure on the insurance company. If you’re seeking a quick and easy settlement, in some situations, it may result in a lower settlement amount. However, if you’re willing to work with an attorney experienced in litigating cases and taking them toward trial, the prospect of a trial can significantly influence the settlement negotiation, potentially resulting in a higher value for your claim.
Determining the value of your personal injury claim is a complex task that requires a deep understanding of the legal and practical factors involved. At Hess Injury Law, our team of personal injury lawyers is here to guide you through this process. We have the experience to evaluate your case thoroughly, considering factors such as liability, causation, damages, insurance coverage, client compliance, and timing. By entrusting your case to us, you gain access to our knowledge and resources, ensuring that no stone is left unturned in pursuing the compensation you deserve for your losses.
Don’t navigate the legal complexities alone – contact Hess Injury Law today and let us fight for your rights.
Disclaimer: The content of this blog is for informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal counsel.
Peter J. Hess grew up in Walla Walla, Washington. He is a 1996 graduate of Walla Walla High School and a 2000 graduate of the University of Washington, with a B.A. in Business Administration/Information Systems.
Peter graduated from Willamette University College of Law, with honors, in 2007. While at Willamette, he was an Associate Editor of the Willamette Law Review, he was a Teacher’s Assistant for a Legal Research and Writing professor, and he worked as a Personal Injury Law Clerk at Swanson, Lathen, Alexander & McCann in Salem, Oregon. After graduation from Willamette, Peter began working here at Hess Injury Law. In 2012, he became a partner in the firm. He is licensed to practice law in both Washington and Oregon.
