The answer isn’t always simple. Every case is different, and several factors play a role in determining the value of your claim. Below are the key components that affect how much compensation you may be entitled to recover.
Severity of Injuries
The more serious your injuries, the more compensation you may be entitled to. Insurance companies and courts tend to award higher settlements for severe, long-term, or life-altering injuries. These might include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Severe fractures or multiple broken bones
- Permanent disability or loss of function
- Chronic pain that affects your ability to work or enjoy life
Even injuries that seem minor at first can develop into chronic issues. That’s why it’s so important to understand the full scope of your injuries before settling a case or accepting an offer. Mild or temporary injuries can still warrant compensation, but the payout is often much lower than for injuries that have a long-term impact.
Medical Costs
One of the largest components of any personal injury case is your medical expenses, both current and future. These not only cover the initial costs but also extend to the ongoing or medical care you may need for recovery and to manage your condition later. For example:
- Emergency room visits and hospital stays
- Surgeries and follow-up care
- Prescription medications
- Physical therapy or rehabilitation
- Medical equipment (wheelchairs, braces, etc.)
- Future treatment or ongoing care
Your total compensation will be tied directly to the actual costs of your treatment, as well as any expert estimates for future care related to your injury.
Lost Wages and Future Earnings
An injury doesn’t just affect your health, it can affect your career. If your injuries kept you from going to work for a period of time, those lost wages can be claimed as part of your damages. This “loss of earning capacity” can increase the value of your personal injury claim. This could include:
- Time off work during recovery
- Lost promotions or bonuses
- Reduced earning capacity if you can no longer perform your previous job
- Inability to return to work at all
For long-term injuries, financial experts may calculate your projected lifetime earnings to estimate this portion of your damages.
Pain and Suffering
Not all losses are financial. Pain and suffering refers to the physical discomfort and emotional distress you’ve endured as a result of your injury. They may be harder to measure, but they are absolutely real. Pain and suffering damages are meant to account for things like:
- Ongoing physical pain
- Emotional trauma or mental health issues like anxiety, PTSD, or depression
- Loss of enjoyment of life or daily activities
- Strained personal relationships due to your condition
This type of damage is more subjective and varies from case to case, but it’s a key component of a full recovery. The amount awarded often depends on the intensity of your pain, the duration of your suffering, and the overall impact on your quality of life.
Why an Experienced Attorney Matters
Having an experienced personal injury attorney can be the difference between a quick settlement and a fair one.You deserve to know your rights and what your case is truly worth, without being rushed or taken advantage of.
Without representation, it’s easy to undervalue your claim, or to accept a lowball offer without realizing what you’re giving up.
Final Thoughts
No two personal injury cases are alike, and estimating their value depends on the unique details of your situation. The severity of your injury, the cost of your medical care, your ability to work, and the emotional toll all matter.
Still wondering what your case might be worth? Let’s talk.
Contact Williams DeLoatche, P.C. today at (757) 547-5555 to schedule your free consultation and take the next step toward understanding the full value of your case.