As you struggle to find a way to cope with the physical, emotional and financial realities of your post-accident life, you might be wondering what you can get out of a personal injury lawsuit.
It’s a legitimate question. Your ability to recover compensation and the extent of any award you receive can define your recovery and what your financial stability will look like for years to come.
While you might have to litigate your personal injury case in order to recover compensation, the reality is that the vast majority of these claims end up settling before litigation begins. But you shouldn’t be so quick to snatch up a settlement offer, even if it looks good at first glance. This is because insurance companies and defense attorneys are rarely going to make their best offer first. Therefore, accepting that initial offer may be cutting yourself short.
How much can you recover from your claim?
This is a question that’s asked all the time. The answer really depends on the facts of the case. To better gauge what your claim might be worth, it’s important to consider each of the following factors that will likely come into play as you try to resolve your case:
- The value of your claim: One of the most important things that you need to do as you prepare your personal injury case is to fully assess the extent of your damages. This will require you to gather your incurred medical expenses and calculate your lost wages, but you’ll also want to take into account your anticipated medical care and rehabilitation costs as well as future lost wages and any diminished capacity for earnings. You’ll also want to consider how your injuries have caused you pain and mental anguish, as well as how your situation has impacted your enjoyment of life.
- Any evidence that you’re at fault: The defense in many car accident cases focuses on shifting the blame back on the plaintiff. The hope here is that the ultimate recovery will be diminished by the percentage of fault that is assigned to the plaintiff, which may significantly reduce the award. Therefore, you need to have a realistic understanding of how your actions play into the case and the risks they pose with litigation.
- The evidence supporting your claim: The strength of your evidence is going to play a key role in determining how much you can recover. Stronger evidence is likely to force the defense to settle for a higher amount, while more questionable evidence will leave you in a vulnerable position where you may have to accept less or risk it all by going to trial.
As you can see, the ultimate amount that you may be able to recover from your personal injury case is dependent on a lot of factors. Therefore, it’s a bit of a balancing act to put a price tag on your claim. However, by discussing the circumstances of your case with a personal injury attorney, you might be able to gain a better understanding of where your case stands, what it’s worth, and how best to proceed to maximize your chances of winning your case and recovering the compensation that you deserve.