How Much Is My Personal Injury Claim Worth?

December 31, 2020
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Building a strong personal injury claim that results in a successful recovery is a lot of work. As such, it’s natural to wonder if taking action would be worth your while before getting started.

Unfortunately, because legal proceedings are inherently unpredictable, there’s no way to guarantee any given case will result in a substantial settlement or verdict. There are, however, a number of factors your legal team can assess to determine the potential value of your claim.

When evaluating how much your case might be worth, some of the biggest influencers may include:

1. The Severity of Your Injuries

More serious injuries cost more to rehabilitate, thereby resulting in higher medical bills. They also keep patients out of work for longer, which leads to more missed wages. And if they cause any permanent damage, the associated non-economic losses—like anxiety, depression, and mental anguish—will be more significant, too.

2. The Circumstances Surrounding the Incident in Which You Were Hurt

While most personal injury claims don’t warrant punitive damages, there are some scenarios in which they apply. Generally speaking, an injured plaintiff may seek a punitive award if the defendant’s conduct constituted ill will, malice, or gross negligence. An example would be if the at fault party were driving under the influence of drugs or alcohol.  There are statutory caps on punitive damages that must be navigated legally in order to obtain a significant recovery, however.   

3. The Role You Played in the Incident

If you somehow contributed to the accident in which you were hurt—or to the severity of the injuries you sustained—the at fault party is likely to argue you won’t be able to seek compensation for 100 percent of the damages you incur. Under South Carolina’s modified comparative fault rule, a plaintiff’s recovery must be reduced by his or her own percentage of fault. It’s also worth noting that those who are deemed more than 50 percent liable are barred from recovering anything at all.

4. The Liable Party’s Total Available Insurance Coverage

Personal injury payouts are sometimes limited by the defendant’s liability policy. This is why it’s critical to identify all at-fault parties.

Naming more defendants in your claim might increase the total available insurance coverage from which to pursue damages. Thankfully, a resourceful personal injury lawyer should be able to identify all those who played a role in causing the incident by conducting a comprehensive investigation.

Call 864-585-3873 to Discuss Your Case with a Spartanburg Personal Injury Attorney

At Hodge & Langley Law Firm, we understand the physical, emotional, and financial toll that unanticipated injuries can take on the whole family. If you were seriously hurt through no fault of your own, we will help you pursue the compensation needed to make your life whole again.

By letting us handle the logistics of your claim, you can focus on more important matters, like making a full recovery and taking care of your loved ones. Call 864-585-3873 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in Spartanburg.

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