Evaluating Your Personal Injury Case

Car accidents are a common yet unfortunate reality of driving, but depending on their severity, they can be the worst time of someone’s life. If you’ve sustained injuries in an accident due to another party’s negligence, you can fight for your fair compensation. Though the idea of bringing a personal injury claim may be daunting, it’s important to seek your deserved compensation for damages. Furthermore, understanding how to value your case makes the process easier.

Personal Injury Damages

• Loss of Companionship: If someone’s spouse or companion sustains accident injuries, the loss suffered by their partner is referred to as loss of consortium. A loss of consortium claim can cover a number of things, including the loss of love and affection and companionship. Furthermore, numerous other variables exist to determine the extent of the loss of consortium. These variables will include the life expectancies of the couple, the quality of the marriage before the accident occurred, and the subsequent effect on the marriage. Remember that the spouse’s claim will depend entirely on whether the injured spouse is successful in their initial claim.
• Property Loss: When it comes to property loss, the negligent party is liable for property damage caused by their negligence. For example, vehicles that sustain damage in an accident, as well as anything stored in the vehicle in question, are recoverable losses.

Statute of Limitations for Personal Injury

Keep in mind that the statute of limitations in Arizona is two years. That means you must file your claim within two years after you’ve suffered damages from an accident. If you have questions about filing or the best time to bring your case, you should discuss the details of your case with an attorney.

Important Components of an Injury Case

1. Crash Severity

A severe crash does not always lead to severe injuries, but it does warrant a more valuable case. The more severe your crash, the more a jury is likely to value your case, and therefore, an insurance company will also put a higher value on it.

2. Injuries and Damages

Soreness and muscle pain can cause you to suffer for weeks or months. However, they are typically not as valuable to your case as broken bones and other more severe injuries. The worse your injury, the more valuable your case.

3. Medical Treatment

This is important for two reasons. First, medical treatment can be used as evidence to prove the extent and severity of your injuries. Second, the medical bills produced during your treatment are an important piece of evidence in determining how to value the general damages such as pain and suffering. In other words, if your injuries require significant medical care at a high cost, your general damages will also be higher as it proves your pain and suffering are significant as well.

4. Money Available

If a person with a minimum limit ($15,000) policy injures you, there is a good chance that no matter the extent of your injury, you will be unable to collect more than that $15,000 from that person. If a business is responsible for your injury, there is usually enough insurance available. 

5. Liability

Finally, we come to the question of liability. If you shared some of the responsibility for the actual incident, then your case’s value will decrease. Slip and fall or trip and fall cases often will result in some shared liability. Juries will often believe that a person should watch where they step or watch the road in front of them. Therefore, a jury will often assign some proportion of liability to the injured person. If they believe you are 30% responsible and that your case is worth $100,000, then you will receive $70,000 (70%) from the defendant.

Personal Injury Attorney in Arizona

Regardless of the type of accident, victims should discuss the facts of their case with an experienced attorney. Whether you’ve sustained injuries in a car wreck, pedestrian accident or even dog attack, you can secure your fair compensation. To ensure you secure the best settlement possible, you should speak with an injury lawyer right away.

Our Phoenix personal injury attorneys at ELG Law have years of experience when it comes to fighting for victims and their families. Call us at (623) 321-0566 for a free consultation and legal representation today.

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