One of the most common questions I am asked by personal injury victims in Georgia is, “what is my case worth?” The short answer is, it depends. Many factors go into determining the value of a personal injury claim. However, there are a few main things that you can look at to get an idea of how an insurance company might view your claim.
Available Insurance
No matter how serious your injuries are or the amount of medical bills you've incurred, your financial recovery is limited to the amount of available insurance. If you are hit by a driver who carries the minimum policy available in Georgia, which is $25,000, and there is no other insurance policy available, the maximum amount you can recover is $25,000.
Even if the driver who hit you only carries the state minimum limits, if you carry underinsured motorist coverage on your own policy, you can pursue a UIM claim for additional compensation. The maximum amount you can recover depends on the size of your UIM policy.
This is one of the reasons it is so important to hire an experienced personal injury attorney. An accident injury lawyer will investigate all possible available insurance policies to make sure you able to recover financially.
Medical Treatment
Although there is no way to know exactly how much the insurance company will offer to replace the value of the harms and losses you have experienced, you can get a general idea of case value by looking at the total damages involved in a claim. Ideally, when they make an offer to settle your claim, the insurance company will take into consideration your total medical bills, lost wages, and any other out-of-pocket expenses relating to your accident, as well as the pain and suffering you went through as a result of your injuries.
The amount of compensation you will be offered for pain and suffering is determined by the extent of your injuries and the type of medical treatment you underwent to heal from those injuries. Some injuries are so extensive that they require surgery and months of rehabilitation. Other injuries, while still serious, are less severe, such as muscle and ligament sprains and strains that can be treated by a chiropractor or with physical therapy. The more involved your injuries and medical treatment, the more money should be offered to compensate for your pain and suffering.
As you can see, many factors are considered in determining case value. Although it would be impossible and improper for a lawyer to promise a certain settlement amount at the beginning of your claim, a good attorney will weigh all of the different components of your case and can give you insight as to how an insurance adjuster will value your claim. He or she will come up with a plan for the best way to maximize your specific case to obtain the best settlement possible. If you have been seriously hurt in an accident, you should contact a personal injury attorney as soon as possible for a case evaluation.
