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How Much Will Your Asheville Personal Injury Claim Settle For?

By Lakota R. Denton


Your personal injury claim is valued based on multiple factors. It is not a mathematical formula. There are many factors that determine what your claim is worth. Ultimately, the value of your claim is determined by what a jury in your county would determine your case is worth, based on the evidence presented to them. Any settlement number is based on what a potential jury would determine. Here are some factors that determine the value of your case.

Who is at fault?
 Determining who was at fault is always the first factor to consider. Was it obvious who was at fault, or is there some question about whose fault it was? In most automobile accidents, it is clear who was at fault. Once fault has been determined, other factors become more important. In North Carolina, if you are at fault in any way, even only 1% at fault for an accident, you cannot recover anything for your personal injury claim. If you are confused about who was at fault, contact a personal injury attorney.

How badly are you injured? It can be difficult to determine how serious your injuries. For example, if you break your leg in a car accident, your claim will be worth more than if you just strain your neck or have residual muscle pain. Your pre-existing conditions can also affect the value of your claim. If you are unsure of how serious your injuries are or if you had any pre-existing conditions, consult with your local attorney and they will be happy to ask you a few questions and help you determine the value of your claim.

What affect do your injuries have on you?
 Do your injuries affect your ability to earn money in the future? Can you perform everyday activities around the house like walking, talking, eating, and driving a car? If you had or need surgery, what is your recovery time? When will you be able to return to work? If your injuries prevent you from doing things you were able to do before the accident, your personal injury claim will be worth more in the eyes of a jury.

Who was at fault for your injury? After determining who was at fault for your injuries, it becomes important to find out as much information as possible about the person or persons involved. Were they drunk when they hit you? Was this one of many accidents in which the at-fault person has hurt someone? These are some questions you should know the answers to, or hire a lawyer to investigate for you, as their affect on any punitive damages can result in a higher value for your claim

Does the at fault party have insurance? Making sure the at fault party has insurance is very important. If you are in a car accident, you can recover from the at-fault drivers auto insurance if they have it. If the at-fault driver does not have insurance, then you can recover from your own uninsured motorist coverage. It can be very difficult to receive money for your personal injury claim that is not the result of a car accident if the at-fault person does not have insurance. Your personal injury claim depends heavily on the financial ability of the at-fault person to pay.

Are you being represented by an attorney? Whether or not you have a lawyer is very important in determining what your personal injury claim is worth. Insurance companies know that without an attorney, you are not likely to file a lawsuit. You may also be faced with difficult legal questions without an attorney, such as contributory negligence, pre-existing injuries, and punitive damages. Hiring an attorney will have a major impact on what your personal injury claim is worth. Minick Law offers free consultations for personal injury claims.






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