Visualize taking your car to the mechanic. When describing your car’s issues, the mechanic sometimes suggests various possibilities causing the problem. In most circumstances, however, the mechanic can’t tell you precisely what the bill will be until they get under the hood.
Your personal injury case is similar.
One of the most frequent questions our personal injury attorneys get is, “How much money can I expect to receive for my case?” This is understandable because our clients are interested in as much money as possible for their injuries.
Factors That Impact Your Personal Injury Claim
Many factors will affect the value of your personal injury claim. In a typical car crash case, some of these factors are:
- How did the crash occur?
- Is liability conceded or in dispute?
- How much insurance does the at-fault party have?
- Do you have an uninsured-motorist policy that will apply here?
- What is the nature of your injuries?
- How well did you recover from the injuries?
- How long did it take you to recover from the injuries?
- Do you have a permanent injury?
- Did you miss time from work, or will you be required to take off work in the future because of your injuries?
- What type of medical treatment have you received?
- Is additional medical treatment going to be needed in the future?
- Where did the crash occur?
- Where does the at-fault party reside?
- Where is the at-fault party employed?
- Were other people injured in the crash?
Despite what you may hear, there is no mathematical formula for determining the value of your personal injury case. Judges and juries do not plug the amount of your medical bills and lost wages into a calculator and press a button to determine the amount of money you should receive. If that were the case, we wouldn’t need judges or juries.
In a jury trial, the jury decides how much money an injured person will receive for the injuries.
Juries are instructed to base their verdict on the following factors:
- The personal injuries sustained and their extent and duration;
- The effects such injuries have on the overall physical and mental health and well-being of the plaintiff;
- The physical pain and mental anguish suffered in the past, and that with reasonable probability may be expected to be experienced in the future;
- The disfigurement and humiliation or embarrassment associated with such disfigurement;
- The medical and other expenses reasonably incurred in the past and that with reasonable probability may be expected in the future;
- The loss of earnings in the past and such earnings or reduction in earning capacity that with reasonable probability may be expected in the future.
Each person may be affected by their injuries in a unique way. For example, an older person or someone who has been previously injured or had a degenerative condition may suffer more from an impact than a healthier or younger person from the same accident.
Juries are instructed that they may not reduce the damages that a plaintiff receives because another individual would likely not have been injured or not have been injured as severely under the same circumstances.
Miscellaneous Conditions That Impact Personal Injury Cases
Another factor frequently occurring in trials is the effect of pre-existing conditions.
Many of our clients suffer from degenerative conditions such as arthritis or have been previously injured in another accident, perhaps many years before. The law says that if you have some previous condition, you may still be compensated if the crash worsens or aggravates that condition.
A married couple is entitled to compensation for wrongful damage to their marital relationship. The damages which will justify compensation include their loss of companionship, affection, assistance, and loss or impairment of sexual relations.
Individuals may also be compensated for pre-impact fright. That is, a plaintiff can recover for emotional distress and mental anguish suffered between the time the plaintiff realized that there would be an accident and the accident. In some cases, particularly where the person is killed in a crash, this can be a central component of the case.
The Baldwin, Briscoe & Steinmetz Approach
At Baldwin, Briscoe & Steinmetz, we maximize the value of each of our client’s cases.
We believe each person has a story that resonates with judges and juries. Therefore, we take a personal approach to finding out what impact an injury has had on our client’s life and using that to tell the story. We believe that approaching the case in this way allows us to connect with juries and make them feel like they have a stake in improving our client’s situations.
While we can’t provide you with a “website calculator” to tell you the value of your case, we can give you an idea of the amount of compensation you may expect to receive when we sit down with you and discuss the facts of your case. As we obtain medical records, bills, and information specific to your case, we can give you a clearer picture of what to expect in a settlement or verdict.
Each case is unique!
To find out what to expect in your Personal Injury case, schedule a free, no-obligation consultation. The law offices of Baldwin, Briscoe & Steinmetz handle accident and injury claims throughout Maryland.
The information contained on this page is provided as general information and does not constitute legal advice. The experienced attorneys at Baldwin, Briscoe & Steinmetz can assist you if you’ve been involved in a motor vehicle accident.
Schedule a free, no-obligation consultation for any injury-related claim. The law offices of Baldwin, Briscoe & Steinmetz handle accident and injury claims throughout Maryland.