How an Injury Lawyer Decides What to Demand in a Claim

When a client and a personal injury attorney decided to move forward with a claim, one of the biggest issues is arriving a dollar figure for expected compensation. Here are four personal injury law concerns that have to be addressed before you can send a demand package to a defendant and their insurance provider.

1. Total Medical Expenses

Claimants need to look at more than just the medical bills they've already accumulated. It's important to project what long-term care expenses you might face, especially if you're unlikely to ever go back to work due to your injuries. A personal injury firm will also encourage its clients to wait as long as possible until they've recovered as much as can be expected within the statute of limitations. This reduces the chances that something unexpected will pop up later. In the personal injury system, it's almost impossible to pursue a second claim so you want to make sure as much is known as possible about your injuries before you make your compensation demand official.

2. Calculating Pain and Suffering

For a lot of folks, coming up with a number that accounts for their pain and suffering might seem like a weird philosophy exercise. After all, what are your pain and suffering worth? American personal injury law sees the matter differently, though. Your lawyer will likely ask you to keep a calendar or a planner with brief entries that quantify your pain and suffering on a 10-point scale. These should be short entries, and it's wise to make them simple and not overdo it. If something specific happened on a specific day, such as a nerve in your back acting up, you'll make a small note of what happened.

3. Wages

This is another case where you need to think about the future just as much as the harm you've already experienced. Long-term earning potential is valued in personal injury law based on your skills at the time of the incident. You'll have to show what you were earning over a few years before you were hurt.

4. Loss

Your ability to enjoy life also has value. This especially applies to things like hobbies. For example, someone who enjoys fly fishing but had their hand damaged in an accident would be able to claim that loss. Similarly, you'll have the right to claim a loss from anything that might have reduced your ability to engage in an existing intimate relationship.

Learn more about making a claim by contacting a personal injury attorney. 


Share