There is no simple formula or magic trick to figuring out how much your injury case is worth. If things were that simple both sides would always agree on the value of a case, injured accident victims would not need to hire a Louisiana personal injury lawyer, and there would be much fewer lawyers.The truth is injury cases are very subjective and each case too unique to arrive at a simple personal injury compensation formula. The same type of injury may affect one person differently than it affects another. For instance, a guitar player who loses a finger may have a substantial lost income claim if he or she can no longer perform but a cashier with the same injury may have very little or no lost income because having one less finger does not negatively impact job performance.If you’ve been hurt in a crash or because of someone else’s carelessness, you’re likely wondering, “How much is my case worth?” The answer depends on several key factors, but here’s a clear breakdown to help you understand how we calculate the value of a personal injury case in Louisiana.
Understanding the Types of Damages
The legal system can’t undo what happened. It can’t take away the pain or restore your health. But it can require the responsible party, or their insurance, to pay for the harm they’ve caused. These payments are called damages, and they fall into three main categories:
1. Special Damages
These are your direct financial losses. They include:
- Medical bills, surgeries, medications, therapy, and future treatment costs
- Lost wages from missing work
- Reduced ability to earn in the future if your injuries affect your job
- Home or vehicle modifications, like ramps or wheelchairs
2. General Damages
These cover what can’t be measured with receipts. They’re just as important:
- Pain and suffering, both physical and emotional
- Anxiety, depression, or PTSD caused by the crash
- Loss of enjoyment of life, missing out on activities or time with loved ones
- Changes to your personal relationships, including with your spouse or children
Because these damages are more personal and don’t have a clear price tag, they’re often calculated using formulas like multipliers or a set amount per day of suffering.
3. Punitive Damages
These are rare but may apply in cases involving reckless behavior, such as drunk driving. They’re meant to punish the wrongdoer, not just compensate you. In Louisiana, these damages are only available in specific situations outlined by law.
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FREE Confidential Case Review (985) 240-9773What Affects the Value of Your Case?
No two cases are alike. Here are some of the most important things that can affect your settlement or award:
- Severity of injuries: Long-term or permanent injuries usually lead to higher compensation.
- Treatment needed: Surgeries and major medical procedures often increase the value of a case.
- Clear fault: If we can clearly prove the other party was at fault, it strengthens your case.
- Your role in the crash: If you’re partly at fault, your compensation may be reduced by your percentage of responsibility.
- Insurance coverage: If the at-fault driver only has the minimum coverage, that may limit how much you can recover, even if your injuries are serious.
- Your credibility: Consistent statements and following your doctor’s advice help build a stronger case.
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FREE Confidential Case Review (985) 240-9773Why Is So Hard to Tell What My Case Is Worth?
Ultimately, the value of your personal injury case is what a jury may feel is fair to award or what you are willing to accept. But we never know that figure until the jury reaches a verdict or you decide to accept or reject a settlement offer.
Making things more complicated , separate juries would likely arrive at different awards even when presented with the same exact evidence. Juries are made up of individual persons, each with different backgrounds, experiences, and philosophies about awarding damages for injuries. Each jury is different.
From a settlement perspective, you may accept one amount on one day but a lower or higher amount on a different day. We simply do not know until we are faced with the decision!
Generally speaking, your personal injury damages include some or all of the following that impacts the case’s worth:
- Past and future medical bills;
- Past and future mental and physical pain and suffering;
- Past and future loss of enjoyment of life;
- Past and future loss of income or earning capacity;
- Loss of consortium;
Agreeing on the value of intangible damage such as mental and physical pain and suffering, loss of enjoyment of life and disfigurement is difficult. Your results may vary greatly depending on your attorney’s skill and experience, trial presentation, the location of your trial, and how you present.
With so many variables affecting the value of a given case, you can see why no two cases are truly alike. Even if the injuries seem identical, other circumstances are not. Properly evaluating a personal injury case requires the knowledge, experience, intuition, and skill gained through years of involvement in handling them.
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FREE Confidential Case Review (985) 240-9773How Your Injury Type Impacts the Value of Your Personal Injury Case
The value of a personal injury claim can vary greatly depending on the type and severity of the injury. Factors such as medical expenses, lost wages, pain and suffering, and the long-term impact on your life all play a role in determining compensation. To help you better understand what your claim might be worth, we’ve outlined some common injury types with links to detailed information about their potential settlement values.
- How Much Is My Rotator Cuff Injury Claim Worth?
- How Much Is My Broken Leg Injury Claim Worth?
- How Much Is My Bone Fracture Claim Worth?
- How Much Is My Rotator Cuff Tear Claim Worth?
- How Much Is My Bulging Disc Injury Claim Worth?
- How Much Is My Herniated Disc Injury Claim Worth?
- How Much Is My ACL Knee Injury Claim Worth?
- How Much Is My Spinal Cord Injury Claim Worth?
- How Much Is My Labrum Shoulder Tear Claim Worth?
- How Much Is My Concussion Claim Worth?
- How Much Is My Burn Injury Claim Worth?
- How Much is My Broken Tailbone Claim Worth?
- How Much Is My Degloving Injury Claim Worth?
- How Much Is My Hip Labral Tear Claim Worth?
- How Much Is My Broken Back Claim Worth?
- How Much Is My Vision Loss And Eye Injury Claim Worth?
- How Much Is My Dislocated Hip Claim Worth?
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FREE Confidential Case Review (985) 240-9773Hurt in a Wreck? Get Help Now!
If you are trying to figure out if you have a reasonable offer, you need to speak with a personal injury lawyer in Metairie who can help you figure it out! Loyd J. Bourgeois stands ready to help. Contact us to schedule your FREE legal consultation – (985) 240-9773.
