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What is my personal injury case worth?

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If you have been injured by the unreasonable carelessness (i.e., the “negligence”) of another person or entity, you may be entitled to a sum of money to compensate you for the harm done to you. You may be wondering how much compensation you are entitled to, or how much your case is worth. There are factors that will determine the value of your soft-tissue injury case. The nature and severity of your injuries, the impact of your injuries, your pain and suffering, medical expenses, employment, and the recovery of damages can all be factors in determining a value to your case.

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Page 1: What is my personal injury case worth?

MY PERSONAL INJURY CASE WORTH

WHAT IS?

Page 2: What is my personal injury case worth?

If you have been injured by the unreasonable carelessness (i.e., the “negligence”) of another person or entity, you may be entitled to a sum of money to compensate you for the harm done to you. In legal terms, this sum of money is called “damages” or “compensatory damages.” The purpose of compensatory damages is to make you whole and return you, as much as possible, to the position you were in before you were injured.

Here are some of the factors your personal injury lawyer will consider in evaluating your damages and determining the potential value of your soft-tissue injury case:

Page 3: What is my personal injury case worth?

THE NATURE AND SEVERITYOF YOUR INJURIES

What is the nature of your injuries? For example, did you sustain broken bones or a soft-tissue injury?

Can your injury be documented objectively? Objective documentation might include:

X-ray CAT scan CT scan

MRIMagnetic resonance imaging

Nerve conduction studies

Page 4: What is my personal injury case worth?

THE IMPACT OF YOURINJURIES

Are there witnesses who have observed and can testify to your physical limitations?

Has your injury changed your personality or outlook on life?

Have you taken up or changed your habits regarding alcohol or drug use since the injury?

Have you had difficulty maintaining personal relationships since the injury?

To what extent has your life been diminished – physically, emotionally, economically?

Has the injury made you more susceptible to disease, medical problems, or additional injury?

HaHas the injury shortened your life expectancy? Is there expert testimony available to document this?

Page 5: What is my personal injury case worth?

YOUR PAINANDSUFFERING

Does your pain and suffering have an emotional, as well as physical, basis?

Are there any witnesses who have observed and can testify to your pain and suffering?

Are there medical records, histories or test results to document your pain and suffering?

HavHave you kept a personal injury diary or journal to document your pain and suffering?

Does anything help to improve your pain and suffering? E.g., physical therapy, massage, exercise therapy, drug therapy, chiropractic treatment?

HoHow have you modified your lifestyle to deal with pain and suffering?

Have you changed jobs, job functions or duties as a result of the pain and suffering?

Has your pain and suffering required any purchase of special medical support equipment or devices?

Does your pain and suffering limit your activities? Does your pain and suffering limit your activities?

Do you take any medication to alleviate the stress, anxiety or frustration of emotional pain and suffering?

IIs there expert medical testimony available to support your claim of pain and suffering, e.g., testimony from a doctor, chiropractor, psychologist or psychiatrist?

Page 6: What is my personal injury case worth?

MEDICAL EXPENSES

What are your past, present and future medical expenses? Consider expenses for nursing care, rehabilitative care, psychiatric/psychological care, and home health care services and staff.

IIs expert testimony available to support your claim for future expenses?

Page 7: What is my personal injury case worth?

EMPLOYMENTIs there expert testimony available on your actual loss of earnings or earning capacity?

Have you been denied any prospects or possibilities for advancement in your job as a result of the injury?

Have you incurred any costs for vocational retraining as a result of the injury? Is there expert testimony (from an ergonomist or biomechanical engineer) to document this? to document this?

Page 8: What is my personal injury case worth?

RECOVERY OF DAMAGES

What is the financial worth of the defendant?What assets does the defendant own?What are the defendant’s liabilities?Does the defendant have insurance coverage available to satisfy your claims for injury?