When you are injured in an accident, your first thought is not how much your personal injury claim would be worth. Your first thought is likely to yourself. Are you okay? Are you injured? Can you move your legs? Your next thought may be to the passenger in your car, if any. You would hate for anyone traveling with you to be injured or worse.
There are several things to consider when valuing your personal injury claim.
• Fault– Fault and liability must be determined in any type of vehicular accident. Most time it is easy to determine who is at fault. If victims are not able to provide verification of the facts a police crime scene investigator can help. They can recreate the crime scene and surmise who is at fault. Victims can corroborate these facts when they are medically able. Why are we concerned with fault? The person who is at fault is the one who pays for the damages. The choices with fault are “completely at fault”, “mostly at fault”, or” partially at fault”.
• Injury- Sometimes, injures are such that neither you nor your passenger can tell a thing about the accident. The effects of the injury will determine the amount of the claim. If you have a spinal injury resulting in paralysis, you would get much more than you would for a bump on the head. When you come to yourself, it’s best to keep a good track of your treatments and other medical issues that you have. If you have to adjust the job you used to do because of the accident, that will affect your claim. If you have long-term existing injuries, it will affect your claim. If you had pre-existing injures, your claim will be adjusted as well.
• Age– Very young and very old people will receive a higher settlement because people are especially sympathetic to this age group. Consider the young child that is paralyzed or receives a head injury in an accident. The cost to further their care can be substantial. Their settlement will be adjusted accordingly. Consider the elderly person whose quality of life was further diminished because of an injury. If the results are fatal, family members could be entitled to a wrongful death lawsuit.
• Was the other party insured?– Your settlement may be limited to the amount of insurance that the other party has as far as liability. Some states limit the amount an insured person can receive. They may be limited to physical damage, but they would not be able to receive pay for pain and suffering.
• Lawyer-Most lawyer’s goal is to settle a case before it reaches trial. The trial lawyer will evaluate your case, considering those factors mentioned above, fault, injury, age and the insurance of the other party. Armed with that information, they will present this information to the other lawyer. Your lawyer will determine if the case should go to trial. Most lawyers prefer to settle an accident case.
If you are in need of a personal injury attorney in Alpharetta, GA be sure to check out the The Gumprecht Law Firm. This is an advertisement.