Personal Injury Settlement Calculator
If you were injured in an accident that wasn’t your fault, you may need expensive medical treatment and be unable to work due to your injuries. A serious injury can cause financial stress. Consequently, you are probably also worried about where you will find the money to cover your medical bills and other expenses. You may wonder whether you have a case and how much it could be worth. The fact is that every personal injury case is different.
The legal team with Kendall Law Firm wants to help you understand how compensation is determined in a personal injury case and which factors can affect a financial recovery. Attorney David Kendall served as a Judge Advocate General in the U.S. Marine Corps. As a personal injury attorney, he has achieved many successful recoveries for people in the Charlottesville area and throughout the Shenandoah Valley. Contact our law office at (866) 590-9773 for a free consultation to learn more.
Determining Damages in Your Personal Injury Case
Before an attorney can help you determine the value of your personal injury case, the attorney must assess your losses. In most personal injury cases, the injured person seeks compensatory damages, which is money to compensate them for the expenses and losses they incurred due to their injuries.
Some compensatory damages are easy to calculate. Economic damages reimburse an accident victim for measurable losses, such as the costs of medical care or lost wages. These losses can be determined by looking at doctor’s bills, pay stubs from before and after the accident, and receipts for other injury-related expenses.
Common examples of economic damages you may be able to pursue in a personal injury case include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
On the other hand, non-economic damages are meant to compensate an accident victim for intangible losses such as pain and suffering and loss of quality of life due to injuries. These losses are subjective and are more difficult to calculate. Examples of non-economic damages you may be able to claim in a personal injury case include:
- Loss of enjoyment of life
- Loss of consortium (the benefits of a familial relationship)
- Emotional distress
- Physical pain and discomfort
Factors that Influence Your Personal Injury Settlement Amount
Several factors can influence settlement figures after an accident, including the severity of your injuries. Severe, life-changing injuries often require expensive medical care. Some injuries result in permanent disabilities that require life-long treatment. Additionally, severe injuries often affect the person’s quality of life and ability to work or earn an income.
Another factor that influences the value of a personal injury settlement is the cause of the accident or harmful incident. The Commonwealth of Virginia applies a contributory negligence standard when determining fault in personal injury cases. Under this rule, anyone who contributes in any way to their own injuries is barred from receiving compensation in civil court. You should speak with an experienced attorney following an accident to evaluate who may be held financially liable.
The contributory negligence rule governs personal injury cases heard in court, not insurance claims. However, it can influence how an insurance adjuster will value a case. The ability to sue can be a powerful bargaining chip at the negotiating table. If an insurer knows that you are partly responsible for your injuries, they might offer a lowball settlement, recognizing that you have little recourse in the Virginia courts. You need the advocacy of a skilled personal injury attorney who can show the other party is entirely at fault and demand maximum compensation for you.
What Can Devalue My Personal Injury Settlement?
Your words and actions following an accident will be closely scrutinized by insurers and can potentially devalue your personal injury settlement. Use caution and follow these suggestions:
- Do not apologize – Never apologize to the other party or an insurance company. You may think an apology is polite, but an apology can be construed as an admission of guilt.
- Do not post comments on social media – Never discuss the accident or your injuries on social media while your claim is pending. Your words could be twisted and used against you by an insurer or attorney. It is best to stay off social media entirely until your case is over.
- Seek medical treatment and follow your doctor’s orders – Always seek medical treatment immediately after an accident. In the days and weeks after the incident, stick to your doctor’s treatment plan. That means taking all medications as prescribed and keeping all follow-up appointments. Failing to seek medical attention or keep follow-up medical appointments can jeopardize your case.
How Much Money Will I Take Home from My Settlement?
Every personal injury case is unique. The legal team at Kendall Law Firm approaches each case with that consideration in mind. We carefully review the evidence and work to identify the insurance policies available to provide compensation to the accident victim. Based on the facts of the case and the available insurance coverage, we will pursue the maximum available compensation for our clients, not an arbitrary average settlement figure.
Keep in mind that the total value of your case is not necessarily the total amount you can expect to take home from a settlement. Coverage limits will affect the value of a claim. Furthermore, all unpaid liens must be satisfied. Medical providers are the most common lien holders and have a right to be paid for their services.
The attorney’s fee will also be deducted from the court award or settlement. That is why you should hire a firm that is upfront about its fee structure and will help you understand what to expect as your case progresses.
Get in Touch with a Charlottesville Personal Injury Lawyer
If you are interested in learning more about what your personal injury case is worth, get in touch with the Charlottesville personal injury lawyers at Kendall Law Firm. Our legal team understands how to calculate a personal injury settlement and advocate for the full amount you are owed. We believe our results speak for themselves. Contact our Charlottesville office today for a free, no-obligation consultation.