What Are My Damages Worth?
Three main factors will influence the financial settlement in your injury case. These factors will help a client answer: “What are my damages worth?” Those factors are:
- Factor 1: Negligence or the Defendant’s poor choices. How negligent were the actions that harmed you?
- Factor 2: Damages. How badly were you harmed?
- Factor 3: Money. Is there a source of funds for paying damages?
The McCraw Law Group can help analyze all three factors to determine the potential success in your case and an estimated payout.
Factor 1: Negligence
Negligence is a legal term that means failing to be careful. Ordinarily careful people act in ways that reduce the risk of harm to themselves and others. People that act negligently typically make choices to disregard safety rules that result in harm. Some examples of negligence include:
- Car Accident: Drunk driving, speeding, ignoring construction zones and other warning signs.
- Workplace Accident: Choosing not to comply with safety standards, choosing not to maintained equipment, choosing not to hire qualified staff, choosing not to properly train staff or choosing not to properly manage staff.
- Medical Negligence: Choosing not to follow medical protocol or standards designed to lead to proper diagnosis or treatment.
These are just a few examples of negligent acts. Read here for more about negligence and the impact it has on a case. In general, the more severe and negligent the act, the more careless the other party, the more your injury is worth.
Factor 2: Damages or Losses
How badly were you harmed? This is a significant factor in your financial settlement and answering “What are my damages worth?” If you were injured, the McKinney personal injury attorneys will work with your medical providers to determine the severity of your injury and the impact on your daily life. Losses can be divided into two categories:
- Losses that can be determined with a calculator, including: All medical treatment, short and long term. Visits to specialists, rehabilitation, pain management and follow up procedures. Missed work and future earning potential.
- Losses that require a human being to value. Pain and suffering, physical or mental limitations, feelings of loss, guilt and emotional strain are all included as losses that require a human being to value.
Factor 3: Money
The money in a personal injury case has to come from somewhere. The most likely source will be an insurance policy. Another location is corporate responsibility for the actions of an employee or for a product that harmed you. Rarely but occasionally, the source of funds can be from the person himself, who made the poor choice injuring you. Without a viable source of funds, there may not be a claim that makes financial sense.
The McCraw Law Group’s personal injury attorneys in McKinney Texas work to find where the money will come from and calculate how much you should be paid for your injury. With all three factors of personal injury settlement in place, you can be confident that we will find justice for your injury. Poor choices or negligence, harms or damages, and a source of funds all come together to create the financial case for your injury settlement. Contact our law firm today to answer the question “What are my damages worth?” and to schedule a free consultation for your personal injury claim.