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After an accident, it is normal to wonder, “how much is my personal injury case worth?” Several factors are used to determine the value of a personal injury claim. This includes the type and severity of injury and state laws surrounding shared liability.
Regan Zambri Long’s personal injury attorneys handle many serious injury cases throughout the DC Metro area. A free consultation will help you determine whether you have a case and how much your case could be worth.
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More than 25.5 million people annually visit the emergency room for unintentional or accidental injuries. When you are injured, you can claim compensation for different kinds of damages. Damages are injuries or losses you suffer.
Economic damages cover quantifiable financial losses. This includes medical expenses, property damage, lost wages, and lost earning capacity.
Non-economic damages are intangible losses. They include emotional distress, loss of enjoyment or quality of life, and loss of consortium.
You may sometimes be awarded special damages, such as punitive damages. These payouts punish the at-fault party and deter others from taking the same actions.
After an accident, several parties will be working to calculate your losses. An insurance adjuster will evaluate your case to calculate fair compensation. Your DC injury lawyer will also evaluate your claim for fair value.
The damages you suffer and the severity of your injuries factor into your case value. Minor injuries understandably cost less than severe injuries. The type of injury you suffer influences your claim as well. Serious injuries cost more than minor injuries. Physical injuries may be more expensive than emotional damage. Finally, a wrongful death requires a significant amount of compensation.
Economic losses cover medical care, medical expenses, and lost income. Your lawyer will also help you calculate future expenses that will be a financial burden over your lifetime. Economic losses also include long-term treatment, medical equipment, and injury accommodations.
You can claim compensation for hospital stays, surgery, physical therapy, and other treatments. You can still file a personal injury lawsuit even with health insurance coverage.
Financial compensation for intangible losses is available after an accident. This includes pain, suffering, and emotional distress. While harder to value, your attorney will ensure that these losses are fairly valued.
Contributory negligence may be the biggest factor in valuing a legal claim in the DC Metro area. Contributory negligence is a standard that denies compensation to any responsible party. Thus, proving fault is a key factor in any legal claim.
The severity of injury is another key factor. Serious injuries have a large impact on daily life, including:
The statute of limitations can also impact your claim. Washington, DC, allows injury victims to file a claim within three years of the date of an accident. You are no longer entitled to compensation if you miss filing within this time limit.
Your personal injury lawyer will look at the facts of your case.
The first step will be an independent investigation. Your lawyer will take custody of any evidence you have from the accident scene, including:
Your lawyer will also collect police reports and witness testimony and obtain police reports and medical records.
A personal injury lawyer will also communicate with insurance companies on your behalf. Insurance companies do not have your best interest in mind. Speaking with your personal injury attorney before making a statement or accepting a settlement is important. Your attorney will handle settlement negotiations. If negotiations fail, they will pursue further legal proceedings.
Placing a value on your claim without thorough investigation is impossible. Recovery amounts vary on a case-by-case basis.
Hiring a lawyer can be daunting. Legal fees can seem too expensive when added to hospital bills. Some lawyers work for flat fees or on an hourly basis. Regan Zambri Long works on a contingency fee basis. We don’t collect any payment until we’ve made a recovery in your favor.
Pay scale is not the only consideration when hiring a lawyer. You must also choose a fee structure that works for your situation.
All parties will use a calculator to determine a fair settlement amount for your personal injury claim. Your lawyer’s calculator may give a different value than an insurance company’s calculator. However, these numbers are a starting point for settlement negotiations.
Calculators use a mathematical formula to account for all your accident-related losses. Out-of-pocket expenses are easy to calculate. However, other losses, such as lost future income and emotional damages, are difficult to value. Your attorney will have experience in calculating settlement amounts.
Settlement calculators look at the following:
Serious or permanent injuries require substantial compensation. Minor whiplash, for example, has minimal out-of-pocket losses. Traumatic brain injuries, broken bones, or permanent disabilities cost more financially and emotionally.
Medical costs add up quickly, especially with severe injuries. Any medical costs relating to the accident and your continued treatment are accounted for. Your insurance policy coverage does not affect this value.
There is a time limit for filing a personal injury claim. Your attorney will not file a claim until you have reached the maximum recovery possible for your injuries. This allows you to value your current and future medical expenses best.
Injuries impact daily life and your earning capacity in the long term. You are entitled to compensation for your lost income and future wages. Calculating this value can be challenging without experience.
Long-term and permanent injuries and disabilities impact daily life in other ways, including:
Pain and suffering are real but unquantifiable losses. The most common way to value these damages is to add up all the personal injury plaintiff’s medical expenses. This value is multiplied by a number between 1.5 and 5. The number, or multiplier, is determined by the severity of injuries.
Your percentage of fault greatly impacts calculations for a settlement. This is true in the DC Metro area, including Maryland and Virginia. All three states follow contributory negligence standards. You cannot claim compensation for your injuries if you contributed to the accident. Thus, the fault is a major factor in any potential settlement.
The at-fault party’s insurance carrier will work to prove that you were at fault. As the injured party, it is best to consult with an experienced personal injury attorney as soon as possible after an accident.
Policy limits impact claims as well. Maryland and Virginia are at-fault insurance states, which means the injured person seeks compensation from the at-fault party. DC, however, is a no-fault state, which means the injured party seeks compensation through their own insurance policy. In DC, a personal injury plaintiff can only sue the at-fault party if their losses are more than their insurance policy limit.
An insurance claim may result in a settlement payout. However, a settlement value is not guaranteed to cover all your losses.
Legal counsel is not required to file an injury claim. But it is not in your best interest to handle it yourself. Hiring a personal injury lawyer is your first step toward compensatory damages.
Your lawyer will:
Insurance companies often make settlement offers that don’t fully cover a victim’s losses. Your attorney will make a fair settlement demand and only sign a settlement agreement for you if your losses are covered. Sometimes, a successful settlement cannot be reached with the liable party. In that case, your lawyer will take your claim for compensation to trial for a jury verdict.
Legal advice is invaluable when facing injuries from a car accident, medical malpractice, or another personal injury case.
You deserve compensation when you suffer bodily injury due to another person’s negligence.
At Regan Zambri Long, our personal injury lawyers are ready to take on your case. With over 100 years of cumulative experience, our team is recognized among the press and peers as DC Metro’s best lawyers.
We have recovered millions of dollars for accident victims and will do the same for you. Call 202-960-4596 to schedule a free consultation to discuss your accident injury claim today.
