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Several factors affect the value of an accident injury claim. The extent of your back injury, how much economic loss you’ve incurred, and your long-term prognosis determine how much you could receive in an insurance settlement or court-awarded damages. Insurance carriers and courts also look at insurance policy limits and whether you contributed to the accident that led to your injury.
Your accident injury lawyer will use various tools to value your claim, including medical bills, pay stubs, and reviewing similar cases. Additionally, your lawyer might consult with medical experts and life-care planners who can assess future expenses and intangible losses related to your back injury.
Take note that the value of a back injury claim and what someone receives in a settlement or jury award typically differ. Regardless of the value of your back injury claim, it doesn’t guarantee a specific financial outcome. Depending on your back injury and the accident that led to it, your compensation could vary from a few hundred dollars to more than a million.
An experienced accident injury lawyer will advocate for you and aggressively pursue the maximum compensation for your back injury. Below, we take a closer look at the factors that could affect the value of your back injury claim.
Although exceptions exist, those with the most severe back injuries typically have higher value claims and are more likely to receive higher settlements or jury awards. If your back injury led to a lengthy hospitalization or you had surgery, the value of your claim will likely increase to account for your larger financial burden. If you suffered from a sprain, strain, or minor back injury, the value of your claim will likely be less.
If you suffer a permanent back injury from an accident, the value of your claim is far greater than if you can completely recover, even if it takes months or years. Permanent injuries often require ongoing care and treatment and sometimes prevent people from working or force them to change jobs. Claims involving a permanent back injury typically include damages for future medical expenses, lost wages, and other losses to quality of life.
Severe accidents that cause back injuries cause various expenses and financial loss. After suffering an injury, accident victims lose income as medical bills pile up. A severe back injury that requires hospitalization and corrective surgeries can lead to medical expenses totaling six figures. The more economic loss a back injury causes a victim, the higher the value of their accident injury claim.
Common economic losses often associated with back injury claims include:
The financial burden of a back injury after an accident is only a portion of the challenges accident victims will face. Your lawyer will review your case and examine other ways your injury has impacted your life.
Examples of non-economic struggles that back injury victims face:
Under California law, if your back injury occurred due to intentional harm or extreme recklessness, you could seek exemplary damages, more commonly referred to as punitive damages. Courts award punitive damages to punish defendants for their behavior and deter them from negligent and reckless behavior. While punitive damages are not common in traffic accident injury claims, other situations that lead to back injury claims may warrant punitive damages.
Your accident injury lawyer can review your case, help you determine a fair settlement for your back injury, and ensure that you get the compensation you deserve.
John Gomez founded the firm alone in 2005. Today, John acts as President and Lead Trial Attorney. He has been voted by his peers as a top ten San Diego litigator in three separate fields: Personal Injury, Insurance and Corporate Litigation. Since 2000, he has recovered over $800 million in settlements and verdicts for his clients with more than 160 separate recoveries of one million dollars or more. A prolific trial lawyer, John has tried to jury verdict more than 60 separate cases.
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