Personal Injury Lawyer
When you’re injured in an accident, often the first thing you’ll want to know is how much you can recover in a lawsuit against the responsible party. While many cases have the potential for a high settlement, not every case has that same value. Your attorney probably won’t be able to determine an exact amount, but the following are some factors that help determine the value of a case.
One of the first things you’ll discuss with your lawyer is liability. If the other party is fully at fault for the accident, the worth of liability will be higher. If you have any fault in the matter, you shouldn’t expect the same in terms of a settlement. For example, if a judge determines you were 20% responsible for your own accident, you’d only be eligible to receive 80% of what the case is worth. If a judge or jury feel you were over 50% responsible, you may not be eligible for any settlement money.
The severity of your injuries will play a large role on the settlement. The more severe the injury, the more medical care it will require and possibly the more work you’ll miss. A settlement will typically cover appointments with your physician, physical therapist, surgeon and other medical professionals, as well as prescription medication, lost wages both past and future, and the loss of earning capacity. The more of these issues that fall on the table, the larger your settlement may be.
Something many plaintiffs don’t realize is the geography of their case could impact the settlement. Some juries are naturally more generous in some areas of the state, so they might be more willing to award pain and suffering, loss of consortium, and other similar damages. Your lawyer should be familiar with the jurisdiction in which your lawsuit is being handled, and should be able to help you determine whether this will have a positive or negative impact on your case.
Some plaintiffs are awarded something called punitive damages. This isn’t something to compensate you for what happened, but rather to punish the defendant. If he or she was particularly negligent, caused the accident on purpose, was being blatantly reckless or something similar, a judge may feel compelled to have him or her pay up as a way to deter the behavior in the future.
Receiving Legal Assistance
If you are injured and considering a personal injury lawsuit against the individual who hurt you, there are going to be unique factors that play a role in the value of your case. Contact a personal injury attorney in Indianapolis, IN, like from Ward & Ward Law Firm. Their expertise and knowledge will only give you an advantage when arguing your claim.