Many accident victims have never been involved in a lawsuit before, so they don’t know what to expect. Friends and family suggest that their cases are worth a lot of money, and they wonder whether that is true. Although there is no magic formula for determining the value of a personal injury case, there are some factors that usually affect a payout.
The most obvious thing that affects the value of a personal injury lawsuit is who was at fault. In fact, this one factor alone can make or break a personal injury case.
State accident laws vary widely. In some states, such as Virginia, if the injured person was at fault to any degree, he or she cannot recover against anyone else. So, for example, if you are in an accident in Virginia with another driver and a jury finds you to be 40 percent at fault and the other driver 60 percent at fault, you cannot recover any amount of money against the other driver. This is true even though the other driver was more at fault than you were.
Fortunately, California’s law is much more forgiving toward people who are partially at fault in causing their own injuries. In California, an injured person is not barred from recovering against a wrongdoer based on his or her own fault. Instead, any recovery is reduced by the percentage of fault of the injured party. In other words, if you are in an accident with another driver in California and you are found to be 40 percent at fault and the other driver is found to be 60 percent at fault, your recovery will be reduced by 40 percent.
Obviously, even in California, if you were the only person at fault for causing your accident, you will not be successful in recovering money damages from someone else.
The next significant factor at play in the value of personal injury cases is the nature and extent of the injuries. In an accident case, a person may suffer personal injuries, such as broken bones, a traumatic brain injury, and cuts or bruises. In addition, his or her personal property, such as a car, may be extensively damaged, even beyond repair. The type of damages and their severity play a large part in the value of any personal injury case. These might include, for example, medical bills and future medical care, lost wages, pain and suffering, and loss of enjoyment of life.
The accident lawyers at Alexander Law Group, LLP have the skills and experience to assure that you receive the compensation you and your family deserve for any damages you have suffered in an accident of any kind. If you have questions about the potential value of your case, call us today. Delay can result in the permanent loss of personal injury rights. Don’t put it off. Contact us online or call now: 888.777.1776.