If you have been involved in some type of accident, you are probably wondering how much your injury is worth in a personal injury case. While your attorney would love to give you the answer that you want to hear, it is very difficult to determine the value of your injury until certain facts are known. For instance, if you have been injured in a car accident, it is important for your attorney to know everything relating to the accident. This might include how the accident occurred, who was cited, how much your medical bills were, any wages you lost, and the list goes on. The value or worth of your case depends on a number of factors, as well as the quality of the evidence involved.
In order for your attorney to give you an estimate of how much your case is worth, you will need to provide all relevant medical records for your lawyer to analyze. Next, your attorney will see how similar cases were awarded in the past; this is the most accurate way to predict how much your injury is worth.
Special Damages vs General Damages
In personal injury cases, there are two types of damages: special and general.
Special damages: These damages are only compensated if they are proven with specificity. For example, if you had medical bills, prescription expenses, travel expenses, or lost wages, these are considered special damages and are compensated dollar-for-dollar if the damages are accounted for correctly.
General damages: These damages are typically for pain and suffering. However, there are other factors that may increase your compensation. This might include embarrassment, depression, disability, inability to sleep, and more. These are subjective damages that are typically greater than special damages.
Compiling Your Case
In order for your attorney to best ensure that you are compensated appropriately, it is important that you maintain clear documentation from the very start. This means that you keep copies of all of your medical records, witness statements, and conversations you have had with other professionals, such as psychiatrists or psychologists. In order for you to be compensated for all of your pain and suffering, you need to prove that pain and suffering occurred. If your attorney refers you to see a therapist for the emotional suffering that you have endured, you should follow his recommendation and see a therapist. Having documentation that shows that you consulted with a professional regarding your pain and suffering will be instrumental in recovering general damages as described above. Again, having the necessary documentation is essential to accounting for your damages.
Speak to an Attorney
If you have been injured, speak to an experienced personal injury attorney to discuss your case. It is important that you contact an attorney immediately following an accident, as your attorney will guide you in collecting the needed documentation to construct your case. The attorneys at Bighorn Law know how to organize your personal injury case, stand up for you in court, and get you the compensation that you deserve.