When determining how much a personal injury case is worth, it’s important to remember that every case is different and must be evaluated independently. Personal injury cases are anything but cut and dry, and there is no mathematical formula to determine how much one is owed for sustained injuries.
Be wary of lawyers who claim they can immediately value your personal injury case as each case depends on many factors, such as the nature and severity of an injury, the extent of medical expenses, and the permanency of the injury. How an injury impacts an individual’s ability to work and enjoy life and who is responsible for an injury are also significant factors when determining a case’s worth.
It’s not uncommon for an insurance adjuster to conduct a quick investigation following a serious personal injury accident. However, this often results in a very low offer of settlement, which is often far from reasonable.
Additionally, many insurance adjusters will minimize the value of the pain and suffering associated with a claim because there is no bill attached to it. Unfortunately, the pain and suffering one endures can significantly impact one’s quality of life.
Therefore, anyone contemplating a personal injury case will need to obtain an accurate assessment to receive proper compensation to cover both pain and suffering and future medical expenses.
First, you need to understand the extent of the injuries sustained. For instance, hard tissue injuries can be evaluated more accurately at the outset of the case. These injuries include broken bones or immediate onset injuries, such as brain injury, paralysis injury, or amputation of limbs.
On the other hand, soft tissue injuries don’t always manifest at the time of the accident. These injuries can be severe neurological issues that can go undetected or undiagnosed for years.
For this reason, you need highly skilled medical experts who can document and report the causal relation injuries sustained during an accident, the degree of permanency a victim suffers, and future treatment and rehabilitation options.
Injured parties may also be eligible to recover lost earning capacity in catastrophic injury cases. The injured party will need to prove their ability to earn money has been impaired or diminished by the injuries. This will also require expert testimony to consider the plaintiff’s age, health, life expectancy, talents, past earning capacity, etc., to determine lost earning capacity.
Finally, there are some Massachusetts laws you should be aware of before filing a personal injury claim.
First, Massachusetts uses a 51% comparative negligence doctrine, which means injured parties can only recover compensation if they are found to be 50% or less at fault for an accident. Second, there is a 3-year statute of limitations to file a personal injury lawsuit for most cases. Lastly, Massachusetts is a “no-fault” car insurance state. This law requires injured parties to file compensation claims with their own insurance company. Unless a severe or permanent disfigurement, fracture, hearing, or vision loss is sustained, injured parties cannot pursue compensation from the other party.
Due to the complexities of Massachusetts personal injury laws, it is imperative to seek legal guidance immediately following an injury. Contact our office today to discuss the merits of your personal injury claim and learn more about the process of determining worth.