A personal injury claim is valued and usually settled based upon an estimate of what a jury would likely award as reasonable compensation for your injuries. The jury will take into account how severe your injuries were and the effects of the accident on your life, both immediately and for years to come. In addition to compensation for medical expenses and lost wages, you are entitled to damages for personal injuries, including pain, suffering, and loss of companionship and of enjoyment of life. Severe injuries requiring substantial medical treatment, extended time off from work, and permanent physical or mental injuries may justify a large monetary award.
When it comes time to settle a claim, both sides should have a clear picture of the victim’s injuries and how they have affected the victim’s life. The difference between the victim’s life before the accident and the victim’s life after the accident is the value of the claim. For example, a previously healthy, productive, young worker injured severely by an obviously responsible defendant will demand substantial compensation. This is especially true if the victim has undergone substantial medical care, a large loss of earnings, and is facing a future of impaired earning capacity, disfigurement, pain, and suffering. On the other hand, the claim of an older person injured in uncertain circumstances resulting in complaints that can’t be medically proven may be substantially discounted both by a jury and an insurance adjuster.
If the injured person is found partially at fault for the accident, the amount of damages will be reduced. Also, if there is a substantial chance that the claim will not succeed for any reason, then any pretrial settlement offer will be reduced in most cases.
Have you been injured by an accident due to the negligence of another person or business in theDallasarea? If so, contact the Barber Law Firm at 972-231-5800. Our attorneys will help walk you through the process of filing a personal injury claim. Call us today for a free consultation.