When you are injured due to the negligence of another, you have the right to pursue a personal injury case to seek compensation for your injuries and financial losses.
Typically, when an individual consults with a personal injury attorney regarding a possible personal injury suit, the individual is still receiving medical treatment for his or her injuries. At this stage, no personal injury attorney can say how much your case is worth with definite precision because a large part of any award you receive will depend upon the ultimate cost of your medical care. Initially, your prognosis may be unclear and what long-term treatment you will need may not be established, yet.
Nonetheless, how much your case is worth will depend on several different factors, chiefly:
- The amount of damages you suffer, both economic and non-economic.
- How clearly liability can be established.
- The nature of your injuries.
Here is a look at how you may get an idea of what your Oklahoma personal injury case might be worth. For more specific information about your personal injury case, contact an experienced personal injury attorney who can give you more accurate information based on the particular facts of your case.
The amount of damages you suffered is perhaps the largest determining factor in the worth of your personal injury case. There are two types of damages to be considered:
1. Economic damages, such as your medical expenses, loss of earnings, damage to property or anything that has a dollar amount or a receipt for it. These damages are easily quantified and, thus, easier to be assigned.
2. Non-economic damages, such as pain and suffering and emotional trauma. Non-economic damages are those for which a specific monetary value is difficult to assign. As plaintiffs and insurance companies rarely agree on this point, it is typically the judge or jury in a personal injury case who will make this determination, based on a variety of different factors.
A case in which the defendant is clearly liable is worth more than a case in which his or her liability is disputed. In addition, your own percentage of liability can devalue the worth of your personal injury case. In fact, in Oklahoma, if you are 50% or more at fault, you will be completely barred from receiving any compensation at all.
Finally, the nature and extent of your injuries are significant indicators of how much your personal injury case is worth, in terms of both economic and non-economic damages. There are two main considerations in regards to your injuries:
1. The nature of your injury: for example, the type of injury, and whether or not you have sustained any prior injuries to that body part. In Oklahoma, the liable party will only be required to compensate you for injuries directly caused by his or her own negligence. Therefore, you cannot expect to be fully compensated for injuries that compound preexisting injuries.
2. The extent of the injury in relation to the intensity, frequency and duration of any medical treatment you will require, and if you have suffered any permanent impairment. If the testimony of expert witnesses, such as qualified medical professionals, can lead the court to believe with reasonable certainty that your injuries will require extended or lifelong treatment, or that you will be permanently impaired, your case will typically be worth much more.
Because the amount your Oklahoma personal injury case is worth depends on a variety of both quantifiable and unquantifiable variables, no personal injury attorney can say with reasonable certainty how much your case will be worth. Factors such as the amount of non-economic damages a judge or jury will assign and the amount of medical treatment you will require make it difficult to know exactly how much your case will be worth. However, seeking the counsel of a knowledgeable and experienced personal injury attorney can provide you with insight on how much personal injury cases similar to yours have been worth in the past.
Free Consultation: Muskogee Personal Injury Attorney
Contact the Muskogee lawyers at Wirth Law Office – Muskogee for a free consultation today with a Muskogee personal injury attorney at (918) 913-0725 or call toll-free at (888) 447-7262. If you prefer to contact us by email, use the form at the top of this page.