Suffering a personal injury can be physically, emotionally, and financially devastating.
If someone else’s negligence hurt you or a loved one, you may be wondering, How much is my case worth?
The compensation you can expect to receive in a personal injury case varies based on several factors, including the nature and extent of your injuries.
In this article, we will explore the key factors that can affect the value of your personal injury lawsuit.
What Is the Value of My Personal Injury Case?
The amount your personal injury case is worth depends on several factors.
While you may be tempted to use an online “how much is my case worth calculator,” they are not always accurate as they don’t consider all the factors that affect your case value.
An experienced attorney is best suited to help determine what your claim is likely to be worth by assessing the factors below.
Extent of Injuries
The severity and extent of your injuries play a crucial role in determining the value of your personal injury case.
Factors to consider include whether you suffer long-term disability or impairment due to your injury and whether it will affect your long-term earning capacity.
Generally, the more severe your injuries are, the higher the potential value of your case will be. Severe injuries typically have more substantial medical expenses and are more likely to lead to loss of income as well.
Insurance Limit
The amount of available insurance coverage can impact the value of your case. Insurance policies typically have coverage limits, representing the maximum amount the company must pay in the event of a claim.
The amount the insurance company pays you cannot exceed these limits, regardless of the severity of your injuries or the total damages you’ve incurred.
For example, if you have $100,000 in damages but the defendant only has $50,000 in liability coverage, you may not be able to collect the total value of your claim.
In such circumstances, you will need to determine if you can make a claim against underinsured/uninsured motorist insurance or whether there are other defendants you can go after, such as an employer or manufacturer.
Liability
The assignment of liability is another critical factor in determining how much your case is worth.
Arkansas and Missouri follow a comparative negligence system, meaning you can still recover for your injuries if you are partially at fault for the accident.
There are, however, slight distinctions in how this works between the two states.
Modified comparative negligence
Arkansas is a modified comparative negligence state. This means that you cannot collect any damages if you are 50% or more at fault.
For example, if a jury finds that you are 20% at fault for the car accident that caused your injury, you can collect 80% of your damages. But if the jury finds you are 50% at fault, you will collect nothing.
Pure comparative negligence
Missouri is a pure comparative negligence state. This means you can recover damages no matter your share of fault, but your percentage of fault will reduce your award accordingly.
For example, if a jury finds that you are 90% at fault for the car accident that caused your injuries, you still may be able to collect 10% of your damages.
Legal Representation
Do you have a lawyer fighting for your interests? Rather than handling your case alone, having a lawyer represent you in your personal injury lawsuit can significantly impact the outcome and value of your case.
A skilled attorney can help you:
- Gather evidence to establish liability,
- Calculate your damages accurately,
- Navigate the complex legal process,
- Negotiate with insurance companies, and
- Advocate for your rights in court if necessary.
You may be wondering, When will my lawyer tell me how much my case is worth?
While each claim is different, an attorney can assess your claim and help you calculate your damages during the initial steps of your case.
These calculations are often subject to change, however, as more information becomes available through the legal process.
Contact an Attorney
Determining the value of your personal injury case is a complex process. Every case is unique, and the final value depends on the specific circumstances of your situation.
The Cottrell Law Office has over three decades of experience helping clients with personal injuries.
Our attorneys can provide personalized guidance and help you pursue the compensation you deserve. Contact us today to schedule a free consultation.
Wesley Cottrell
Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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