“What is my personal injury claim worth?” That is a concern many people wonder when they come into the offices of a Queens personal injury attorney. The answer to that question depends on a lot of factors. However, an experienced attorney can review your case and give you an idea of what you might get if you took the claim to court.
Don’t Fall for an Insurance Company’s Initial Offer
When you suffer a personal injury that is due to someone else’s negligence or fault, you will likely be in touch with an insurance adjuster at some point. That adjuster is going to try to get you to settle the case immediately by making you an offer.
Don’t take the bait. The first offer you receive from an insurance company is going to be low and will not reflect the true value of your claim. If you accept that offer, you are giving up your rights to receive the amount of compensation you are actually due.
How to Determine the Value of Your Personal Injury Claim
The value of your personal injury claim begins with determining how much your medical bills are and may be in the future. You should get a full accounting of all doctors’ bills related to the injury.
Also, talk with your doctor about whether you will need treatment in the future. Some injuries can heal quickly and completely. Others may require on-going medical treatment. That information will factor into how much the Queens personal injury lawyer asks for to settle your case.
If you had property damaged when the injury occurred, the cost to repair or replace it will also be included in case. If you lost time at work because you had to seek treatment or because you couldn’t do your job, your lost wages can also be included.
When you add all of this up, you have the basic amount of your injury claim.
What About Pain and Suffering Along with Emotional Distress?
Now, personal injuries often go beyond just the monetary losses an individual suffers. It can involves a lot of pain and emotional distress. Is that worth something in the eyes f the insurance company or court? The answer is “it depends”.
The insurance company and the courts won’t just award money because you ask for it. You have to provide evidence of what you went through and are going through as a result of the injury. Some things taken into consideration:
Does the injury impact personal or work relationships?
Does the pain affect sleep or other parts of life?
Does the injury or the pain limit the ability of the person to handle day-to-day life?
Is this a long-term issue?
Insurance companies are notorious for refusing to offer any compensation for pain and suffering. You may have to take it before a judge and jury to get this type of compensation. But, if the injury is severe enough, it is definitely worth talking with NYC personal injury lawyers about.
Can Other Things Affect the Claim Value?
New York is a comparative fault state. That means that judges and juries can assign a percentage of fault to both parties, based on their actions or negligence in the case. The percentage of fault limits the amount of damages one party can receive from another.
For example, let’s say one party is deemed 80% at fault and the second party is 20% at fault. The second party could only recover 80% of his or her damages.
If you have been injured due to the fault or negligence of someone else, you need to speak with a personal injury attorney. The attorney will review your case and give you an estimate of what your case is actually worth.