dimanche 21 septembre 2014

How Much Will Your Asheville Personal Injury Claim Settle For?

By Lakota R. Denton


Your personal injury claim is valued based on multiple factors. It is not a mathematical formula. There are many factors that determine what your claim is worth. Ultimately, the value of your claim is determined by what a jury in your county would determine your case is worth, based on the evidence presented to them. Any settlement number is based on what a potential jury would determine. Here are some factors that determine the value of your case.

Who is the at fault party? In the state of North Carolina, you are not allowed to recover anything if you are even 1% at fault for the accident. Determining if you yourself are at fault can be confusing. Sometimes it is very easy for the jury to figure out who is at fault, but other times it is not as obvious. Contacting a personal injury attorney is a great place to turn when you have questions about your claim.

How badly are you injured? It can be difficult to determine how serious your injuries. For example, if you break your leg in a car accident, your claim will be worth more than if you just strain your neck or have residual muscle pain. Your pre-existing conditions can also affect the value of your claim. If you are unsure of how serious your injuries are or if you had any pre-existing conditions, consult with your local attorney and they will be happy to ask you a few questions and help you determine the value of your claim.

What affect do your injuries have on you?
 Do your injuries affect your ability to earn money in the future? Can you perform everyday activities around the house like walking, talking, eating, and driving a car? If you had or need surgery, what is your recovery time? When will you be able to return to work? If your injuries prevent you from doing things you were able to do before the accident, your personal injury claim will be worth more in the eyes of a jury.

Whose fault was your injury? Once the jury determines that you are not at fault for your injuries, they begin to look at who is. You can do this on your own, or you can hire an attorney to look into the person or people at fault for the accident. If the person at fault has caused a lot of accidents, then your claim will settle for more. The same is true if a drunk driver caused the accident because of punitive damages.

Does the person or persons at fault have insurance? It is extremely important to find out if the at-fault person has insurance. This is where most of the funds are recovered from for your claim. For example, if you were in a car accident, you would recover from the at-fault drivers auto insurance. You can also recover from uninsured motorist coverage if the party does not have insurance. It can be more difficult to recover if you were not in a car accident and the other person does not have insurance.

Are you being represented by an attorney? Whether or not you have a lawyer is very important in determining what your personal injury claim is worth. Insurance companies know that without an attorney, you are not likely to file a lawsuit. You may also be faced with difficult legal questions without an attorney, such as contributory negligence, pre-existing injuries, and punitive damages. Hiring an attorney will have a major impact on what your personal injury claim is worth. Minick Law offers free consultations for personal injury claims.






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