As most attorneys will tell you this is a difficult question. There is no magic formula for determining the overall worth of a personal injury case. Some aspects are subjective, each person’s circumstances are unique, and the final determination may be in the hands of a jury or judge. However, a ballpark figure can often be arrived at after a person’s medical condition has stabilized.
Determining the Value of Your Personal Injury Case
Economic damages are a bit easier to get a handle on since they have a direct cost associated with them. Economic damages include medical expenses (past and future), lost income (past and future), and reimbursement for property damage.
Noneconomic damages are trickier because they are subjective and have no direct cost tied to them. Pain and suffering, lost quality of life, emotional distress, and loss of consortium (which is the effect the accident had on the plaintiff’s relationship with their spouse) are included among noneconomic damages. Past precedent involving similar cases may be relied upon in some circumstances.
The plaintiff’s role in the accident might influence the value of their personal injury case. Alaska, like most states, follows a “comparative negligence” standard. For example, if the plaintiff is deemed 10 percent at fault for an accident, then their compensation will be reduced by 10 percent. Some states only permit a lawsuit to be filed when the plaintiff is less than 50 percent at fault.
A few states follow a “contributory negligence” standard. If the plaintiff is even 1 percent at fault for an accident, they may be barred from receiving any compensation for their injuries. Fortunately, this is not the law in Alaska. Alaska is a comparative fault state.
If you have been injured by the negligence of another, contact a personal injury attorney to protect your rights.
Take Action Quickly
In order to protect your rights, it is important to contact a lawyer so that you can take action as soon as possible. The sooner that you take action, the more likely it is that evidence will be available to help you prove your claim and that the more likely it is that you will get a fair recovery sooner.
We encourage you to contact us today via this website or by phone to schedule a free, no-obligation, confidential consultation with attorney Ben Crittenden. After that, you can make an informed decision about how to protect your legal rights.