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By Lakota R. Denton


There is no mathematical formula for figuring out how much your personal injury claim is worth. The factors that determine the value of your claim are based on a jury in your county. They determine what your case is worth through evidence presented to them. Your settlement will be based on what the jury can determine from these factors.

Who is at fault?
 Determining who was at fault is always the first factor to consider. Was it obvious who was at fault, or is there some question about whose fault it was? In most automobile accidents, it is clear who was at fault. Once fault has been determined, other factors become more important. In North Carolina, if you are at fault in any way, even only 1% at fault for an accident, you cannot recover anything for your personal injury claim. If you are confused about who was at fault, contact a personal injury attorney.

How badly are you injured? It can be difficult to determine how serious your injuries. For example, if you break your leg in a car accident, your claim will be worth more than if you just strain your neck or have residual muscle pain. Your pre-existing conditions can also affect the value of your claim. If you are unsure of how serious your injuries are or if you had any pre-existing conditions, consult with your local attorney and they will be happy to ask you a few questions and help you determine the value of your claim.

How have your injuries affected you? If you are worried after your accident about how you will be able to earn income, or your ability to perform simple daily activities, then you should call a lawyer. If your injuries are indeed keeping you from living your life as usual, then the value of your claim will be worth more to the jury. Any injury that has required time and energy to recover from is important for your lawyer to know about.

Whose fault was your injury? Once the jury determines that you are not at fault for your injuries, they begin to look at who is. You can do this on your own, or you can hire an attorney to look into the person or people at fault for the accident. If the person at fault has caused a lot of accidents, then your claim will settle for more. The same is true if a drunk driver caused the accident because of punitive damages.

Does the party who is at fault have insurance?
 The financial ability of the at-fault person to pay for your personal injury claim is crucial. Most every driver has auto insurance, but when you are injured outside of an automobile you will want to find out how much insurance money is available. If the party did not have insurance for an auto accident you can recover from your own uninsured motorist coverage. If the at fault person does not have any insurance and you were not involved in a car accident, you may have a difficult time recovering enough money for your personal injury claim.

Are you being represented by an attorney? Whether or not you have a lawyer is very important in determining what your personal injury claim is worth. Insurance companies know that without an attorney, you are not likely to file a lawsuit. You may also be faced with difficult legal questions without an attorney, such as contributory negligence, pre-existing injuries, and punitive damages. Hiring an attorney will have a major impact on what your personal injury claim is worth. Minick Law offers free consultations for personal injury claims.






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