One of the first things our clients ask us during a personal injury consultation is, “Is this injury eligible for damages and if so, how much?”
No two personal injury cases are alike. Each case is made up of unique circumstances that impact the way the case plays out in terms of duration and the compensation for the personal injury case.
Matthew Zarghouni, founding partner at Fomby & Zarghouni, a Houston-based law firm focusing on personal injury law, has provided some answers and explains the questions used to determine the worth of a personal injury case.
Determining Worth of a Personal Injury Case
Most personal injury damages are classified as “compensatory.” which basically means compensation for what was lost as a result of the accident / injury. Some compensatory damages are relatively easy to quantify (i.e. reimbursement for medical bills, property damages, etc.). However, it’s harder to place a monetary value on pain and suffering or the inability to enjoy life because of limitations caused by lingering accident-related injuries. There are three broad areas that are considered when determining the worth or value of a personal injury case:
1) Negligence – Who was at fault and Degree of Negligence?
2) Extent of Damages – How badly were you hurt?
3) Coverage – Is there a source for payment (i.e., insurance)?
There are, of course, other factors involved in determining the worth of a personal injury case, including bad faith and punitive damages, that may add value to the case. It is important to keep in mind that evaluating the worth of a personal injury case is simply an estimate. What is of utmost importance is any personal injury case it how soon in the process do you consult an attorney. There are many factors that can preclude an injury victim from receiving fair and adequate compensation for their injuries. The advocacy of a skilled personal injury attorney early in the process can ensure you are treated fairly.
Unfortunately, accidents do happen. Typically, the main causes of personal injury are a combination of the negligence of other parties, unforeseen occurrences, and/or faulty equipment. If you or a loved one have fallen victim to someone else’s negligence, Fomby & Zarghouni can help make your life a little easier. Give us a call and let us know how we can help.