Facing a personal injury can be an overwhelming experience, filled with uncertainty about the future and mounting financial concerns. One question that is often asked is, “How much is my personal injury case worth?” While experienced attorneys can sometimes differ in their opinions on value, in this blog we delve into the factors that influence the valuation of a personal injury case, helping you understand the key elements that contribute to determining its worth.
- Liability and Negligence:
Establishing the liability of the responsible party and proving negligence is essential in any personal injury case. The clearer the evidence of fault, the stronger your case becomes. Comparative negligence, where both parties share responsibility for the incident, can affect the final settlement amount. Indiana follows a rule of modified comparative fault, where you may recover damages as long as you are not more than 50 percent responsible for the accident. However, your percentage of fault will reduce the amount of compensation you receive.
- Severity of Injuries:
The extent and severity of your injuries play a pivotal role in determining the value of your personal injury case. Medical records, expert testimonies, and comprehensive assessments from healthcare professionals are crucial in establishing the impact your injuries have on your life. Severe injuries that result in long-term disabilities generally lead to higher compensation.
- Medical Expenses:
Medical expenses directly contribute to the overall worth of your case. This includes costs associated with hospitalization, surgeries, medication, rehabilitation, and ongoing medical treatments. It used to be that the “gross charges” of the medical bills were considered in valuing cases, which is the entire amount of the medical bills as charged directly from the providers. This amount does not include contractual write-offs or discounts given when an individual is covered by health insurance. However, an Indiana case called Stanley v. Walker held that juries can hear evidence regarding the “gross charges” amount of the medical bills and the “Stanley v. Walker” amount of the medical bills. The “Stanley v. Walker” amount, or “Stanley” number, is the discounted amount of medical bills, meaning it is the total amount actually paid by your health insurance and/or yourself. Insurance companies largely want to base their offers off the “Stanley” number.
- Lost Wages and Future Earnings:
If your injuries have caused you to miss work or resulted in decreased earning capacity, these financial losses should be factored into your case’s valuation. Additionally, if your injuries are likely to impact your ability to work in the future, an estimate of future lost earnings may also be considered in the overall compensation calculation.
- Pain and Suffering:
Quantifying the intangible aspects of a personal injury, such as pain, suffering, and emotional distress, is a challenging yet crucial element in determining your case’s value. Factors like the duration of physical and emotional suffering, the impact on your daily life, and the long-term psychological effects will all be considered when valuing this component of your claim.
- Insurance Coverage:
The insurance coverage of the at-fault party also plays a significant role in determining how much your case is worth. Unfortunately, the minimum insurance required for a driver in Indiana is $25,000. If the responsible party is underinsured or uninsured, it can impact the available compensation. In such cases, your own insurance coverage, such as underinsured or uninsured motorist coverage, may come into play.
Determining the value of your personal injury case involves a comprehensive analysis of various factors, each contributing to the overall compensation amount. Seeking professional guidance from an experienced personal injury attorney is crucial in navigating this complex process. They can assess the unique aspects of your case, negotiate with insurance companies, and work towards securing the maximum compensation you deserve. Give the experienced Indianapolis personal injury attorneys at Banks & Brower a call today. We are available 24/7/365 at info@banksbrower.com or by phone at 317.526.4630