If someone else’s actions caused you serious injury, you might wonder how much your personal injury case is worth. The truth is, no two cases are the same. That’s why average settlement amounts are not very helpful. Your compensation depends on many factors, including the severity of your injuries, your financial losses, and the emotional and mental toll of your accident.
Understanding how damages are calculated can help you set realistic expectations. Below, we break down the types of compensation available and the key factors that influence what you may recover.
Types of Damages Available in a Personal Injury Case
In a personal injury claim, you may be entitled to two main types of damages: economic damages and non-economic damages.
Economic Damages
Economic damages cover financial losses related to your injury. These damages are easier to calculate because they have a clear dollar value. Examples include:
- Medical expenses, such as physician and hospital bills, medications, physical therapy, and rehabilitation
- Future medical care related to your accident
- Income lost while recovering
- Lost or reduced earning potential if you cannot work after your accident
- Property damage. For example, the cost to repair or replace a car after a crash. Many states also allow you to recover the diminished value of your vehicle if someone else caused your accident.
- Out-of-pocket expenses that are reasonable. Examples include transportation costs to and from medical appointments and home services like housekeeping during your recovery.
While these damages are usually easy to value, sometimes experts are needed. Projecting the value of diminished earning capacity or long-term medical needs may require economic and medical experts.
Non-Economic Damages
Non-economic damages compensate you for intangible, subjective losses. These damages do not have a clear financial value. Examples include:
- Psychological and emotional anguish. This may include depression, anxiety, sleep problems, and post-traumatic stress disorder (PTSD).
- Physical pain and suffering
- Loss of enjoyment of life. You may be unable to enjoy hobbies, play with your kids, or participate in sports.
- Disfigurement or permanent scarring.
Loss of consortium may be available to the spouse of someone who has suffered a serious injury.
How Non-Economic Damages Are Valued
Unlike medical bills or lost wages, there’s no receipt for pain and suffering. Courts and insurance companies use different methods to determine these damages. Here are some key factors that influence the value of non-economic damages:
Severity and Type of Injuries
The more severe your injuries, the higher your damages are likely to be. A broken arm heals in weeks, but a spinal cord injury changes your life forever. Permanent injuries usually result in larger settlements.
Impact on Daily Life
If your injuries prevent you from working, exercising, or doing things you once enjoyed, your damages may be higher. Your lifestyle before your accident and the ways in which your life has changed may be considered.
Emotional and Psychological Effects
Many victims of an accident or assault are left with anxiety, PTSD, depression, insomnia, or fear. Emotional trauma may be considered in determining the worth of your case.
Other Important Factors That Affect How Much Your Case Is Worth
Several other factors can also influence the value of a personal injury case.
Evidence Proving Your Case
Strong evidence can make or break your case. Medical records, accident reports, photos, witness statements, and expert testimony can all prove the extent of your injuries and who is at fault. Without strong evidence, the insurance company may blame you for your accident or refuse to make a fair offer.
Your Ability To Return to Work
If you’re unable to return to your job, or if your earning potential is significantly reduced, you may receive compensation for future lost wages. The longer your injury impacts your ability to work, the higher your settlement could be.
Insurance Coverage
Even if your case is worth millions, your settlement may be limited by the at-fault party’s insurance policy. If their coverage is low, your ability to recover damages may depend on your own insurance, such as uninsured/underinsured motorist coverage.
Whether You Share Fault
If you were partially at fault for your accident, your compensation might be reduced or even eliminated altogether, depending on the facts and circumstances of the case.
Whether Your Case Settles or Goes to Court
Most personal injury cases settle out of court. However, if your case goes to trial, a jury may award you more than the insurance company originally offered. Going to trial is a risk, though, and a trial is time-consuming and expensive. A jury isn’t guaranteed to decide in your favor.
Because the value of your personal injury case depends on many factors, there is no easy way to calculate what you may recover. An experienced personal injury lawyer will carefully evaluate your case, document your damages, and fight for maximum compensation on your behalf.
At Parker & McConkie Personal Injury Lawyers, we have a century of combined experience helping accident victims recover fair compensation. Let us handle your case while you focus on your health and recovery. Call us today to schedule a free consultation.
Contact the Idaho Personal Injury Lawyers at Parker & McConkie Today
For more information, please contact experienced Idaho Falls personal injury lawyers at Parker & McConkie to schedule a free initial consultation today. We have 5 convenient locations in Utah, including Midvale, Salt Lake City, Ogden & Provo, UT. Clients can also visit our offices in Idaho Falls, ID & Rock Springs, WY.
We proudly serve Weber County, Utah County, Salt Lake County in Utah, Bonneville County in Idaho, Sweetwater County in Wyoming , and its surrounding areas:
Parker & McConkie Personal Injury Lawyers – Salt Lake City Office
466 S. 500 E., Suite 100,
Salt Lake City, UT 84102
(801) 851-1202
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Midvale Office
7090 Union Park Ave, #160,
Midvale, UT 84047
(801) 845-0440
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Ogden Office
2510 S Washington Blvd, Suite 160,
Ogden, UT 84401
(385) 402-8187
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Provo Office
37 E Center St, Suite 300,
Provo, UT 84606
(801) 876-4107
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Rock Springs Office
531 N Front St,
Rock Springs, WY 82901
(307) 205-7400
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Idaho Falls Office
2235 East 25th St. Suite #280,
Idaho Falls, ID 83404
(208) 418-0633
Hours: 24/7
