How to Determine the Worth of Your Personal Injury Accident Claim

What is my case worth?

What is a broken arm? How about a bursting disc which causes nerve pain down my arm for six months until the action is resolved? What happens if the operation does not work? Unfortunately there is no science to this. In fact, here is how crazy that our society what is a broken arm heritage: we are twelve people draw from their work and their families to sit on uncomfortable chairs in the courtroom, forcing them to listen to aBunch of witnesses tell their stories, then lock them in a room and not let them leave until they decided what it's worth, has a broken arm. Let a jury decide, may sound crazy, but has developed a system to be fair to all parties. And I can think of no better way to. You can?

Bankruptcy Attorneys Portland Oregon

Since each study will have a different jury, it is impossible in any absolute, just to say a claim for personal injury "is worth it." Of course, no more than 95% of cases go before a jury. Wedecide how much value they would be trying to understand what a jury says. The lawyers we have with other "similar" cases look back to see what juries awarded and do our best estimate, we know every detail of the situation, the stories of medical records, any laws that apply to individuals and the people involved, the proof of fault for the accident, was at the limits of politics, and so on. If you pursue your case to decide what should be donethe same - that's why some people feel the need to hire a lawyer.

How to Determine the Worth of Your Personal Injury Accident Claim

But since, during a test, the value will be decided by twelve people, with all faults and prejudices people have, there are quite a bit 'more to take into account not only the damage to be taken. As to the jury as a lot '. They want the witnesses also play a role. And how much they like the person you meet. The judge has an enormous amount of discretion and the judgerulings can affect a trial. How good your doctors are at teaching a jury matters a lot. What the police report says matters. In fact, so very many things matter, that it's really not possible to figure out what a case is worth until an extensive investigation has been done. But of course, there are guidelines. Here's one: your case is probably worth less than you think, but more than the insurance adjuster is willing to pay. Even though a book cannot tell you what your specific case is worth, we can educate you about the different kinds of "damages."

Damages is a vague term that helps us encompass all possible types of compensatory monies an injury victim might receive from a claim. In Oregon, there are two basic kinds of damages you can recover for a personal injury case: "economic damages" and "noneconomic damages." These used to be called "general damages" and "special damages," and you will sometimes still hear lawyers use these words. But the proper terms are economic and noneconomic damages.

"Economic damages" is the compensation you can get for any money you have lost due to the collision. Examples include:

• Money to repair your car, or the full value of the car if it was totaled

• Money to pay for medical bills

• Lost income if you were not able to work because of your injuries

• Money to pay for household services like cleaning and childcare if you were not able to do these things because of your injuries

• Money to compensate for future economic losses

"Noneconomic damages" is often called "pain and suffering." Noneconomic damages cover such things as:

• Pain

• Humiliation

• Mental suffering

• Emotional distress

• Inconvenience

• Interference with normal activities

• Damage to a person's reputation

• Aggravation to a previous injury

There are also "punitive damages," which are meant purely to punish the wrongdoer. However, the State of Oregon takes 60% of any punitive damages. Then your lawyer will typically take 20%, leaving you with only 20%. This is then taxable, so you might end up with only about 10% of punitive damages. In the right case, it can make sense to try to get punitive damages, but most injured people are better off seeking only economic and noneconomic damages, which are usually not taxable in personal injury cases, under Internal Revenue Code.

NOTE: Bankruptcy If you are in bankruptcy, or might be soon, this can have an enormous effect on any recovery you may get from a personal injury case. If you are in bankruptcy, your claim does not belong to you; it belongs to your bankruptcy trustee. Generally, you can keep up to ,000. But the rest usually goes to your creditors. This is general information; there are plenty of exceptions, and negotiation is often possible. If you are in bankruptcy, it is essential that you tell your bankruptcy attorney or trustee about any possible personal injury claim. If you hide a personal injury claim from your bankruptcy trustee, you would be committing fraud. You could forfeit any money you win, your personal injury lawsuit could be thrown out of court, and you could even go to jail. A good bankruptcy attorney can refer you to a personal injury attorney, and vice versa, and the two can work together to find the best solutions for you, the client.

How to Determine the Worth of Your Personal Injury Accident Claim