“What’s my case worth?” This is a question that our personal injury attorneys hear almost daily. The answer is that your case value depends on a lot of different factors. The main factors are:
- Liability – Who is at fault in your case? If you were involved in a car accident and you were not ticketed, but the other driver was, then you are likely completely not at fault. Other cases are not so simple. Fault can be apportioned between the parties, for example, in a slip and fall on an icy sidewalk, you may be found 30% at fault while the landowner is found 70% at fault. If liability is apportioned, it can greatly decrease the value of your case.
- Medical Treatment – Did you seek medical treatment immediately after the incident? What kind of treatment did you seek (hospital, physical therapy, etc.)? Did you have to treat for a few months or a few years? How much in medical bills were incurred during your treatment? Injuries requiring invasive surgery or permanent impairment are often worth more than cases involving muscle sprains and strains.
- Damages – Damages are the largest category for determining the worth of your case. It takes into account medical bills, lost wages, and past and future pain and suffering. If your injury has had a huge impact on your life, for example, you broke both legs and were unable to work for a certain amount of time, the value of your case is likely to be greater than cases involving a nagging or inconvenient injury.
If you’ve been injured, it is important to talk with a personal injury attorney so that you can evaluate the potential value of your case and discuss all your options.
In Colorado, individuals who are pursuing personal injury claims relating to an auto accident have three years to file a formal lawsuit against the individual at fault for the accident for compensation of their medical expenses, lost wages, physical impairment, and pain and suffering. During these three years, the majority of cases settle directly with the at-fault driver’s insurance company.
Whenever a personal injury claim is made, the insurance company who provides coverage for the at-fault driver assigns an adjuster to the claim. The adjuster evaluates the claim, reviews all relevant documents, speaks with the individual’s attorney, and may take a recorded statement from the individual making the claim. This is where it becomes vital to have a personal injury lawyer representing your claim to the insurance company. A personal injury attorney will know what documents are needed to support your claim and how to present those documents and facts in a way that will maximize the amount of the insurance company’s settlement offer. Presenting your claim to the insurance company is a comprehensive and skilled manner will often allow an injured person to fairly settle their claim without having to go through the time, expense, and uncertainty of a trial.