Some Basics on Valuing a Personal Injury Claim

So you’ve been injured in an automobile accident. While there are many factors to consider in determining the value of your claim, here are some things that will be considered.

First is the issue of liability. Was it a rear-end collision to your vehicle, who got the ticket, are there allegations that you did something wrong? If it is not a clear case of liability, or some aspect of the collision arguably could be your fault, then the insurance adjuster will factor this into his or her settlement position because the jury might find in favor of the other driver or reduce your damages based upon your comparable fault.

Next, what are your damages? Usually the property damage to your vehicle claim is settled fairly quickly.

Your personal injuries will be evaluated based upon your medical records and expenses.

Is the injury permanent? How painful was it? This will factor into your claim for emotional distress related to the accident. This is one reason why it is important to tell your treating medical professionals about your pain, and fully document any and all injuries related to the accident.

You may also have proof of lost wages, rental car expense, and other expenditures related to your injuries.

Finally, what are the limits on the other driver’s insurance? Obviously, the insurance company will not pay out more than the driver’s coverage limits. If you believe your claim is valued higher, then to recover you may have to file suit against the other driver within the one year time-period allowed under the law.

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