Victims of an accident caused by another person have a right to sue for damages suffered. So, if you have suffered an injury at the hands of another person and want to sue, you may wonder how much your lawsuit is worth to decide whether it’s worth pursuing it or not.
“You may not get a definitive answer because every case is unique. But there are some similarities in the approach and the factors that determine the value of a case,” says injury attorney Rich Godshall.
This article takes an in-depth look into these factors and can be an excellent read when deciding whether or not to file.
Factors That Influence the Value of a Lawsuit
The Severity of the Injuries Incurred
The severity of the injuries incurred in an accident is the most significant factor in determining the value of a lawsuit. The more severe the injuries are, the higher the value of the case will be in terms of monetary and non-monetary damages.
Severe injuries are any injuries with over a few scrapes or bruises. However, what you deem insignificant may have a life-altering impact on your life, and you want to ensure that you do not lose your right to compensation. So, the best approach is to talk to an attorney to determine if your injuries are worth pursuing.
Your Level of Fault
Maryland is among the five states in America that still follow the outdated contributory negligence approach to negligence. Under a contributory negligence approach, even the smallest percentage of fault in an accident can mean losing your right to compensation.
But this rule has a few exemptions; for example, if the defendant knew about the other person’s negligence but failed to prevent the accident or if it involved a person with a disability.
Legal Representation
According to statistics, persons involving a lawyer are four to five times more likely to get a fair outcome than those who go it alone, even when you factor in legal fees. Also, you don’t pay until a lawyer wins your case, so you do not have a reason not to hire one.
But getting a lawyer is not everything. Their experience and expertise are critical, so you must exercise due diligence when picking one to better your odds at fair compensation.
Recoverable Damages in a Personal Injury Lawsuit
A personal injury lawsuit is not a money-making scheme for claimants; it is a legal avenue for victims to recover economic and non-economic losses resulting from an injury where another person is to blame.
Economic damages are the most straightforward recoverable damages in a personal injury claim. It is the sum of all monetary expenses directly linked to the injuries, such as medical bills, cost of prescription medication, lost wages, cost resulting from a lifestyle change, and cost of living aids, among others.
Non-economic damages include pain and suffering, emotional distress, decreased quality of life, disagreement, and disability. Maryland applies a $920,000 cap on recoverable non-economic damages, but it should be sufficient to cover all your non-economic damages.
You Could Seek Punitive Damages, Too
You could seek punitive damages if the defendant were grossly negligent or malicious in their conduct leading up to the accident that caused your injuries. However, proving malice and gross negligence can be challenging, resulting in these damages being awarded in very rare circumstances.
While there is no answer to the question of how much your personal injury case is worth, the value of the compensation you receive should cover all damages involved.