You were injured in an accident. Now, you’re facing medical bills, lost wages, and the stress of recovery. You’d like to be compensated for your losses, but you wonder: How much am I entitled to for this? Is filing a claim worth the time and effort?

There is no magic formula you can use to calculate the value of your case. Each is different, and what you may be entitled to depends on many factors.

That’s why reaching out to our Virginia Beach personal injury attorneys is so important. We can help analyze your situation, determine your eligible compensation, and use our experience to maximize that amount. Below, we show you what factors will likely influence your claim’s worth.

Factors That Affect the Value of Your Personal Injury Claim

The Severity of the Accident and Injuries

How badly were you hurt? More severe injuries usually lead to higher compensation amounts because they result in greater medical expenses, longer recovery times, more missed time from work, and a more significant impact on your life.

For example, a brain or spinal injury will usually result in a higher settlement than a minor sprain or bruise.

Medical Costs and Ongoing Treatment

One of the goals in filing a personal injury claim is recovering all of your medical costs related to the accident. This includes hospital bills, physical therapy, medications, and future required surgeries or long-term rehabilitation. If you will need more treatments in the future, these costs can substantially increase the value of your claim.

Lost Wages and Diminished Earning Capacity

If your accident causes you to miss work, you may be entitled to recover those lost wages. If your injuries are bad enough to prevent you from returning to your job, or if they reduce your ability to earn a living in the future, you can claim diminished earning capacity. These financial losses will also add up to a higher amount demanded in your claim.

Pain and Suffering

Medical bills and lost wages are more straightforward to calculate because they have a set financial value. Pain and suffering, on the other hand, are more subjective. These refer to the physical discomfort and emotional distress you experienced because of your accident. These damages are more challenging to quantify, but an experienced personal injury attorney will know how to get the maximum value. They will consider the severity of your pain, its emotional toll, and its impact on your daily life.

Fault and Clarity of Liability

Who was at fault in your accident? If it’s clear and falls entirely on the other party, it strengthens your case and increases your likelihood of receiving a fair settlement. If you were partly at fault, however, or if it’s less clear who was at fault and the matter is disputed, the value of your claim could be affected. Again, this is where an experienced attorney can help, as they know how to dig for the evidence that will help present you in the best light.

Insurance Coverages

The insurance policies that apply also play a significant role in determining how much you can recover. What sort of insurance coverage does the at-fault party have? If you’re suing a trucking company, for example, you may be able to recover more than if you’re suing an individual driver only.

If your damages exceed the coverage cap, your attorney will work with you to explore other sources of compensation, such as your own insurance policy or perhaps that of any third parties who may have been involved in the accident.

The Jurisdiction of Your Case

Where will your case be handled? This can make a difference in how much you can recover. Some jurisdictions will be more favorable to plaintiffs, while others will be more conservative in awarding damages. The attorneys at Shapiro, Washburn, and Sharp understand these nuances and can help guide you on where your case may be the strongest.

Presentation in Court and Attorney Reputation

Insurance companies often evaluate other factors when deciding on settlement offers. They will first consider whether you have an experienced attorney on your side. Having one makes it more likely that they will see you as serious about your case and prepared to take it to trial if necessary, which may compel them to be more cooperative in negotiations.

They may also consider how you, as the plaintiff, may present in court—your credibility, demeanor, and liability. If you come across as someone who is truthful and genuine, again, they will be more likely to want to negotiate a fair settlement.

Emotional and Lifestyle Impact

What is your life like now that you’ve been through the accident? Beyond medical bills and lost wages, what impact has it had on you and your family?

You may no longer be able to enjoy your usual hobbies, participate in family activities, or even be able to perform your normal everyday activities. These lifestyle changes can increase the value of your claim as they demonstrate how much the accident affected you.

Why Talk to an Expert Attorney?

With so many factors influencing the value of your personal injury claim, it’s nearly impossible to determine what it’s worth without professional help. Our experienced attorneys at Shapiro, Washburn, and Sharp will review the details of your case, calculate the damages you’ve suffered, and fight to get the compensation you deserve, as we did for this family after their loved one was killed while crossing a multiple-lane highway. We helped secure a $2 million wrongful death settlement for the survivors.

Contact us today for a free initial consultation. We have offices in Virginia Beach, Hampton, Chesapeake, Portsmouth, Norfolk, Suffolk, and Kitty Hawk, North Carolina.

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