What is My Injury Claim Worth and How Can I Get Maximum Compensation for My Injury Case?

Posted By on March 25, 2014

Last Update: 01/25/16

These two questions — “what’s my personal injury claim worth in dollars and cents?” and “how can I get maximum compensation for my injuries from the insurance company in my case?” are two of the most common questions that we get here at our law firm from personal injury clients and people calling in for information about their injuries as they are deciding whether or not they need a lawyer for their injury claim.

 

 

They are straightforward questions. We’ve answered aspects of these two questions here in other blog posts, such as:

However, the truth is that there is no easy, one-size-fits-all answer to what an injury claim is worth because no two claims are identical, because people aren’t identical and their circumstances aren’t cookie cutter, either.

5 Things to Consider in Answering “What is My Injury Claim Worth?” and “How Can I Maximize Compensation for My Injury Case?”

The insurance company may tell you that it’s easy to settle your case: just put together the medical bills (past and future); throw in the lost income (past wages, future earning capacity estimate) and add in an amount for pain and suffering, and you’re done. Let’s settle!

That sounds simple, doesn’t it? But it’s NOT.

Here’s 5 things to consider in answering the questions “what is my injury claim worth” and “how can I get maximum compensation from the insurance company” which you can evaluate for yourself or have your injury lawyer work with you in determining the answers for your particular case:

1. The injury

Severe and serious and long-term injuries (like brain or spinal injuries in a car accident, for example) are evaluated differently than minor injuries like sprains or bruising that are short-term in nature. Sometimes, you need medical doctors to provide estimates here (among other things).

2. The injury victim

People are different. Someone who has a history of carelessness (big accident record) will be treated differently in a car crash claim than someone with a spotless 20 year driving record. Criminal histories and other issues also come into play. Age can be an issue: elders and teens can expect different treatment in an injury claim than those in their middle 40s.

3. The other guy

The person who caused the accident is a factor, too. If they were intoxicated at the time, their past claim and work histories, etc., their age, are all factors in evaluation.

4. The losses (damages)

Documentation is needed to support many things in an insurance claim, from the cost of the EMS Unit, to the drug prescriptions, and more. Pain and suffering will be extrapolated from these actual, documented numbers, too (e.g., settlements can involve a pain and suffering estimate of four times the actual costs or damages).

For non-medical damages, like lost salary and wages, therapy costs, home care, and more, documentation should support your claims. There are formulas that insurance companies use for things like lost wages or lost commissions that need to be compared against documentation from employers, for example. Lost wages and future earning capacity are big areas where insurance companies try to low ball things and injury victims need to fight for what’s right.

Property damages include more than some people think: it’s not just the car in an accident, for example, it’s everything in that car as well as your clothing (think the glasses you lost, for example) and the towing charges, etc.

5. The negotiators

Injury victims can negotiate and settle their claims for themselves. They do so using their experience in these matters on their side of the table with the friendly insurance company representative on the other side of that table who can call their company and get all sorts of advice and help from company experts and in-house lawyers.

Any injury claim that is resolved without an injury lawyer to balance out things,  is done, by default, between parties of unequal bargaining power.

For small claims, injury victims may find this works for them. That’s fine. But if you are taking the time to ask “what is my injury claim worth?” and “how can I maximize the compensation from the insurance company?” then you may be dealing with a situation where having an experienced injury lawyer at your side is in your best interests.

Why? Because so much detail goes into answering those two questions, and each case is unique — and the insurance people aren’t going to explain all of those details to you.

We don’t charge people for calling and determining if they need an injury lawyer, or if they’re checking out if we’re the right lawyers for them.

What Should You Do Now?

A good piece of advice if you have been harmed in an accident and would like to know what your claim is worth or want to know if your settlement offer is fair, is to speak with an experienced personal injury lawyer before you file a claim to learn about some of the issues that can arise with these claims, including the type of evidence needed to prove a claim and the type and amount of damages you can recover. Most personal injury lawyers, like Alan Sackrin, will offer a free initial consultation (over the phone or in person) to answer your questions.

Related:

_______________

Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

If you found this information helpful, please share this article and bookmark it for your future reference.

Comments

2 Responses to “What is My Injury Claim Worth and How Can I Get Maximum Compensation for My Injury Case?”

  1. Great article! Following an accident, we may have no clue where to look for information regarding our rights and how to protect ourself financially. Hiring a professional personal injury attorney in your local area can prove to be vital in your case. Thanks for sharing your ideas!

  2. It’s really a nice and useful piece of info.
    I’m satisfied that you simply shared this helpful info with us.
    Please keep us informed like this. Thank you for sharing.

Leave a Reply

Please note: Comment moderation is currently enabled so there will be a delay between when you post your comment and when it shows up. Patience is a virtue; there is no need to re-submit your comment.