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Monday, October 15

The Worth of A Claim


Filing for  personal injury claim always associate the question “how much is the worth of the claim?”. Every plaintiff is particular of what he/she will be getting after suffering pain, and trauma brought by the accident. However, personal injury claims are hard to determine because of different factors involve in computing the worth of it.


Personal injury claim should equate to the damages brought by the accident. Yet, some things can't be measured in quantity or in dollar figures and those things are the ones that hurt the most. You can't get back your old life nor can still play around when you have permanent disabilities. You can't get back the days and nights you could have spent with your family and friends. But the least thing you can get is to have the best possible compensation for your self.
There are a lot of factors that will affect your claim. There is no such this as calculator for a personal injury claim since every injury will encompass different circumstances and damages whether physical, emotional and mental. Also, this circumstances can bring different impact to every individual. But when you knew these factors you can estimate the possible worth of damage.

First thing you should consider is who was at fault. When the plaintiff was partially to be blame in the accident, the reduction for compensation will be possible. Being part of the incident will be a demerit the victim himself and to worst extent he may get nothing at all. Personal injury lawyers always emphasize that if not the accident, his client wouldn't be there. That would point out that the direct cause of the accident was the defendant.

Second is the severity of the injury. In this factor, medical records are often the basis. So one must always keep track of doctor's prescriptions, medications, visits and other actions relevant to the victim's injuries. There are certain injuries that are not severe in nature. In lieu of this, there are plaintiffs who filed cases when the damage has been dangerous to life. Failure to mitigate damages are deductible from total compensation.

Third is the effects of the injury. Being injured will limit your activities. When a person is the breadwinner of the family and that the accident will severely impact the livelihood of the family, he may get a larger lump sum amount. However, if the person, despite his damages, can still perform his duties he can get lower than expected.

Lastly, pain and suffering. That is the hardest thing to calculate. It includes emotional and mental damages. Emotional trauma, loss of confidence, loss of consortium and other social defects attributed to the injury will be estimated.

Emotional injury can be more devastating than physical injury. It will always remind the victim of the incident, a scar of the past that will never be forgotten. Personal injury claims can go up to 8 digit dollars yet it will never be enough for a person who will suffer life time incapacity.


About the Author

Written by Atty. Emery Brett Ledger, a nationally recognized personal injury lawyer from California. He is the man behind the success of The Law Offices of Ledger&Associates, a law firm that was acknowledged for effectively representing it's clients who are victims of personal injury cases.

He founded the law firm with the core principle “trusting your attorneys”. He firmly believes that a client's case can only be successful if he knows that the lawyer handling his case is trustworthy. As a responsible auto accident attorney, he wanted to share his knowledge about personal injury and the law that governs it.

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