The amount of compensation you will be awarded for your case depends on several factors, including your injuries, liability and more.
We will explain the key factors that will affect the value of your case, along with the compensation you can seek and how our tenacious team of attorneys at Spar & Bernstein can help.
What Determines The Worth Of My Case? 7 Factors
When it comes to determining the worth of a personal injury case, there are several key factors that must be taken into consideration.
1. The Severity Of Your Injuries
The first factor that affects the worth of your case is the severity of your injuries. Your personal injury claim value will be higher if you suffered serious injuries that require long-term medical care and surgery, costly hospital bills, use of steroid injections, rehabilitation or multiple doctor visits.
Examples of serious injuries include fractures, traumatic brain injuries, spinal cord injuries, nerve or organ damage and paralysis.
2. The Time You Need To Take Off Work
You can seek higher compensation if the injuries you suffered required you to take time off work, and resulted in lost income, bonuses, pension or additional benefits.
3. The Effect Of Your Injuries On Your Life
You can seek higher damages if your injuries caused a drastic change in your personal and/or professional life. Notably, if the injuries affected both your Instrumental Activities of Daily Living (IADLS) and your Activities of Daily Living (ADLS).
For example, if you are an athlete who can no longer compete due to paralysis or a spouse who suffered estrangement from your partner due to disfigurement or injury-related psychological problems, these life-altering circumstances will increase the value of your case.
4. The Effect Of The Accident & Your Injuries On Your Psychological Condition
You can pursue higher compensation if the accident and the injuries you sustained affected your mental health, causing you to experience depression, anxiety, adjustment disorder or post-traumatic stress disorder (PTSD).
These conditions typically require mental health therapy and are likely to raise your settlement amount.
5. The Need For Household Help
The worth of your personal injury case may increase if you are unable to perform regular household tasks and need to hire outside help as a direct result of your injuries.
6. Your Liability For The Accident & The State You Live In
The amount of compensation you will receive is also influenced by how much you contributed for the accident, i.e. your liability.
In the United States, the majority of states follow the modified comparative negligence system — in which a personal injury claim follows:
- The 50% bar rule, in which you are not permitted to claim damages if you are found 50% or more at fault for the accident
- The 51% bar rule, in which you are not permitted to claim damages if you are found 51% at fault or more
Other states like New York, Florida and California, follow the pure comparative negligence law which states that if you contribute to an accident, your compensation will be reduced by the percentage of your responsibility.
For example, if you are awarded $100,000 in compensation and you are found 20% at fault for the accident, you will receive only $80,000.
Still, in other states, like Virginia, North Carolina, Maryland and Alabama, the pure contributory negligence system is followed, in which the smallest contribution to an accident— even 1% — makes you ineligible to claim compensation.
7. Evidence Related To The Accident & Your Injuries
The value of your personal injury case can also be affected by evidence that proves the liability of the parties involved in the accident and the damages that you suffered.
From doctors providing a diagnosis on your condition and your expected recovery prognosis to accident reconstruction specialists researching the cause for the accident, your compensation may be increased or reduced, depending on the findings.
Evidence in a personal injury lawsuit can include police reports, photos, witness testimony, medical and driving records, along with traffic and surveillance camera footage.
What Types Of Compensation Can I Get For A Personal Injury Case?
Typically, a personal injury case allows you to seek three types of damages: economic, non-economic and punitive.
Economic damages include:
- Past, present and future medical bills, such as hospital, doctor and therapy bills, medication, medical equipment or transportation expenses to medical appointments
- Lost income
- Lost future earnings
- Household expenses
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Disfigurement and scarring
- Loss of consortium, also known as loss of companionship
- Loss of enjoyment of life
Punitive damages, also known as exemplary damages, serve as punishment for the at-fault party and are imposed to prevent similar behavior in the future.
Punitive damages are typically sought in cases against a government agency or large public and private companies, such as:
- Police departments, punished for use of excessive force
- Hospitals, punished for medical malpractice cases
- Pharmaceutical companies, punished for distributing medicine without providing information about the risks it can cause
Your personal injury lawyer will work with the liable party’s insurance company to negotiate fair compensation for your injuries.
While economic damages can be easily calculated or forecasted on the basis of bills resulting from your injuries, non-economic damages can be challenging to define.
Depending on the state legislation, if you were found at fault for the accident, your percentage of fault will be deducted from the overall compensation amount.
If the total compensation amount is unsatisfactory, your case will be taken to court, where a jury will discuss and determine the value of your case.
With a proven track record in personal injury cases spanning more than 50 years and thousands of successful outcomes, our attorneys at Spar & Bernstein will help you fight for the compensation you deserve.
How Much Is A Personal Injury Case Worth On Average?
Because each personal injury case is unique and evaluated on an individual basis, it is difficult to calculate an average case value.
Seeking the guidance of an experienced personal injury attorney can help you pursue a fair settlement for your injures, whether due to an accident, medical malpractice, nursing home negligence or wrongful death.
Our experienced team at Spar & Bernstein has secured up to several million dollars for clients in personal injury cases.
We’ll examine the details of your case, including the extent of your injuries and your liability, and fight for the maximum amount of compensation, on your behalf.
Determine How Much Your Case Is Worth With Our Personal Injury Attorneys At Spar & Bernstein
At The Law Offices of Spar & Bernstein, we specialize in various fields of personal injury law, including:
- Motor vehicle accidents
- Bus accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Uber accidents
- Premise accidents
- Medical malpractice
- Nursing home negligence
- Product liability
- Birth injuries
- Burn injuries
- Wrongful death
If you sustained injuries and are looking to file a personal injury case in New York or New Jersey, schedule a consultation with our team.
Using a thorough and detailed approach to assess your case, we will consider all the relevant factors that could affect its value and determine the maximum amount of compensation we can seek on your behalf.
We will talk to witnesses and medical experts, collect evidence, file your lawsuit within the state deadlines, and represent you before insurance companies and the court, if needed.
With our help, you can feel confident that you’ll receive a fair and accurate assessment of your case value, and that we’ll pursue the maximum possible compensation for your injuries and damages.
How Much Is My Case Worth? Key Takeaways
The value of your personal injury case depends on various factors, including:
- The severity of your injuries
- The time you take off work
- The effect of your injuries on your life
- The effect of the accident and your injuries on your psychological condition
- The need for household help
- Your liability for the accident and the state you live in
- Evidence related to the accident and your injuries
If you suffered injuries, you may have the right to claim economic, non-economic and punitive damages.
While the value of a personal injury case can vary greatly, a knowledgeable attorney can help you pursue the highest amount you are entitled to.
With thousands of successful cases settled, our experienced team at Spar & Bernstein will review your case and fight for the maximum settlement on your behalf.
Bradford H. Bernstein
This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.View Brad's Bio