New York City Personal Injury Law Blog
What affects the Value of Your Personal Injury Case?
Personal injury cases make up the majority of civil litigation. According to the CDC’s National Center for Health Statistics, about 31 million people are injured and require medical attention every year. Of these, approximately 2 million sustain serious injuries that require hospitalization. As per the National Highway Traffic Safety Administration, close 1.5 million car accidents occur every year across the country, out of which 150 are fatal. Each year nearly 10,000 personal injury cases are reported and filed.
Personal injury claims are one of the most common legal actions in America. When someone is injured as a result of the negligence of another party, it is possible for the victim to file a personal injury lawsuit or claim. In most cases, personal injury claims are resolved through an out-of-court settlement. In settlement documents, clauses that state that the plaintiff will forgo other legal actions, related to the incident or injury in question, in the future.
If the parties are unable to reach a settlement, the plaintiff can file a personal injury lawsuit in the county or state courts where the incident took place. Typically, personal injury cases that involve small damage amounts are filed in small claims courts.
Factors that can Affect the Value of Your Case
Depending on the seriousness of the injury or damages suffered by the victim, the compensation obtained by plaintiffs can range from $2,000 into the millions. There are certain factors that can have an impact on the value of your personal injury case, including:
- Did you leave the scene in an ambulance? – If you left the accident scene by ambulance, it is an indication that you knew right then and there that your injury was a serious one; it was an injury severe enough to require immediate medical attention. If there was no ambulance involved, it may lead insurance adjusters, as well as jurors, to believe that your injuries were minor.
- Are there preexisting injuries? – This is a big deal and comes up in almost every personal injury case. Defense attorney will attempt to blame your injuries to past incidents. Some attorneys even hire medical experts to review medical records and testify that for example, your neck injury existed before the accident, therefore meaning that the defendant was not responsible for it.
- Was there lost time from work? – If you lost time from work as a result of the injuries you sustained, you may get compensation for lost wages as part of damages in your lawsuit. If you were injured but still able to go to work, it shows that the injury was not that serious as it did not cause you to miss work.
- Is the liability admitted or clear? – Clear or admitted liability often increases the value of a personal injury claim. If you also need to prove liability, the evaluation of your case may lower since there is no guarantee that the verdict, that the defendant caused the accident, will be unanimous.
A Tremendous Law Firm
If you or a loved one has been injured in a car accident due to the careless or negligence of another driver, you should contact the reliable personal injury lawyers at the RMFW Law at 212 697 9280.
We have won millions of dollars for past clients. You too can be on this fantastic list. We win cases based on our acumen and desire to seek financial justice. We know how to blow up holes in the opposition’s cases and we know what a winning case looks like. Call RMFW Law since we know what we are doing and we have been doing this for years and years. The first meeting is free!