It’s logical to want to know how much your personal injury case is worth if you have been injured in an accident. Unfortunately, it is often a very difficult determination to make. Typically it requires a thorough investigation of your case by an experienced personal injury attorney. However, to give you an understanding of what goes into determining what your personal injury case is worth, this article explains what damages are and looks at other factors that can affect the value of your personal injury case.
Compensation for Damages
Damages are the harmful results of having been in an accident. There are two basic types of damages to be considered when determining how much your case is worth:
Economic damages are damages that have a quantifiable monetary value. These include medical expense, loss of wages, damage to property, etc.
Non-Economic damages are those damages for which a specific monetary value is difficult to assign, such as pain and suffering and emotional trauma. Typically the plaintiff or a jury has to make a determination on the financial value of non-economic damages based on factors such as the severity of your physical and emotional injuries and the impact they will have on the rest of your life.
What you will ultimately receive as a settlement or award for your injuries will be a sum of both economic damages and non-economic damages and will take into account other factors as well.
Others Factors May Effect the Value of Your Claim
The extent of your injuries and the associated costs are just part of the claim valuation formula. If you were partially responsible for an injury, if you had pre-existing conditions that complicated the severity of the injury or if you indulged in unreasonably costly medical care, those factors may effect the eventual value of your claim. Such factors include:
Your percentage of liability – In Oklahoma, the percentage of your liability will be subtracted from the amount of compensation you are awarded and if you are 50% or more at fault, you will be barred from receiving any compensation for your injuries at all.
Pre-existing conditions – If you injure a part of your body that was previously injured, Oklahoma law only requires he party at fault to compensate the injured party for injuries directly caused by their negligent actions. Therefore you cannot expect to be full compensation for your personal injury complaint if it involves pre existing injuries.
The permanence of your injuries – being able to prove with reasonable certainty that your injuries will require future treatment or be permanent can greatly affect the amount of compensation you receive. This normally requires the testimony of a doctor who is specifically qualified to give such an opinion.
How reasonable are your medical bills – Oklahoma law only requires that the party at fault compensate the injured party for medical expenses that are reasonable and necessary. Anything above and beyond what is considered reasonable will be disallowed.
Low-cost Consultation: Personal Injury Lawyer in Tulsa, Okla.
Knowing how much your case is worth is important to you receiving fair compensation for your injuries. Personal injury claimants too often receive compensation that is far less than what their injuries warrant. In fact, it is the job of the defendants insurance company to reduce the amount of compensation payable by rejecting justifiable injury claims in order to obtain a settlement or award that is far less that what you deserve. If you have been injured in accident in Oklahoma, make sure that you receive the largest amount of compensation possible by hiring an experienced Tulsa personal injury attorney to seek fair compensation for your injuries.
