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How Is the Amount of Money Recovered Determined in a Personal Injury Claim?

Posted by Steven Goldstein | Jul 22, 2024 | 0 Comments

When you're involved in a personal injury case, one of the most pressing questions is how compensation is determined. This isn't a straightforward answer, as it hinges on several key factors that shape the outcome of your claim.

Understanding Fault and Liability

The first and most critical factor in assessing your case is determining fault. If someone else's negligence caused your injury, such as running a red light or neglecting a hazardous sidewalk condition, liability is established. This clarity significantly influences the potential compensation.

Evaluating the Extent of Injuries

Another pivotal element is the extent of your injuries and their direct link to the accident. Insurance companies and courts scrutinize whether the injuries were exacerbated by the incident or if they existed. The type of medical treatment you receive, its duration, and any complications also play a role in defining the case's value.

For instance, minor injuries requiring basic medical attention are valued differently than severe injuries necessitating surgeries or long-term rehabilitation. Each step of your medical journey post-accident contributes to the evaluation of your claim.

Personal Factors and Perception

Equally important is how you, as the injured party, present yourself. Your credibility, sincerity, and ability to convey the impact of your injuries are critical. Insurance companies assess whether you are a credible witness who can effectively convey your pain and suffering to a jury, if necessary. How you express your experience can significantly influence the perceived value of your case.

The Role of Legal Representation

Navigating these complexities alone can be daunting, which is why seeking legal counsel is highly recommended. A skilled personal injury lawyer like those at Goldstein & Handwerker can advocate for your rights, negotiate with insurance companies, and ensure your case is presented persuasively. They understand the nuances of case valuation and will work diligently to secure fair compensation for your injuries and losses.

Contact Us for Guidance

If you have questions about how personal injury claims are valued or need assistance with your case, don't hesitate to contact us at Goldstein & Handwerker. Visit our website or call us at (973) 912-0555 to schedule a consultation. We're here to provide the expertise and support you need during this challenging time. Understanding the factors that determine your case's worth is crucial, and we're committed to helping you navigate the process effectively.

About the Author

Steven Goldstein

Steven Goldstein was admitted to practice in New York State in 1992.  He was admitted to practice in New Jersey in 1993. His practice areas are plaintiff's personal injury and criminal defense.

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