What Matters in a Personal Injury Case?

Personal Injury News | June 30, 2019

If you have recently been involved in an accident that has caused you personal injury in Central New York, you are probably dealing with a million new questions and concerns. It is hard to quantify all the losses you suffer after dealing with personal injury, especially at the beginning of a case. It may be difficult or even impossible to determine the true valuation of a case until everything has already been investigated and evaluated. Still, you want to make sure that you at least have a rough idea on what you should expect to recover as a result of your personal injury claim. The answer is dependent on many different factors and can be best answered by your attorney. In the meantime, this blog post may be able to help.

The Limits of the Insurance Policy

What Matters in a Personal Injury Case?Insurance policy limits are one of the biggest determining factors in a case’s valuation. Of course, this is particularly applicable when it comes to the insurance policy limits of the at-fault party—they are the ones who are responsible for the damages and must provide compensation, after all. Most personal injury claims will not bring about more than the at-fault party’s policy limits, if only because most individuals simply do not have adequate personal assets to go beyond these limits.

Of course, this does not necessarily mean that you can collect a million dollars from a defendant with a million dollar policy limit. You should see the policy limits as a sort of ceiling (or maximum) rather than the floor (or minimum) when it comes to your anticipated collections. This is especially true in cases where there is more than one injured party, as the policy may have to be split among all the injured parties. It is possible that your case valuation may reduce as a result.

Injuries Sustained as a Result of the Accident

Likely the most influential factor in the valuation of a personal injury case has to be the severity of the injuries sustained. The more extensive, the more severe, and the more permanent the injuries are, the higher the case valuation will be. After all, more serious injuries are likely to produce more medical expenses and bills. It is easier to prove fault and damages in a case where the victim has to undergo several surgeries, as opposed to a case where the victim has only suffered a few bruises.

Many accidents may produce injuries that have effects that may latent for some time before really making themselves known. For this reason, future medical bills and future pain and future pain and suffering may also be taken into account in the valuation of a personal injury case. The valuation of a personal injury case will increase if the accident will lead to more problems in the future.

How the Jury Will Look at Your Case

Most personal injury cases are not taken all the way to the point of litigation. However, a few are taken to court. In such cases, jury selection is extraordinarily important. This decision will be left up primarily to your lawyer and the lawyers of the insurance company. Your case will be much more sympathetic to the jury if you present your facts clearly, you are a good witness, and you have a wealth of evidence on your side. If your case does go to trial, then the total damages you will be awarded will ultimately be left up to the jury.

Seeking Legal Help

If you or a loved one have recently suffered personal injury as a result of someone else’s negligent behavior, we at Gattuso & Ciottoli may be able to help. We are a respected law firm located in Syracuse and we are proud to serve the Central New York area, including Syracuse, Watertown, Binghamton, Camillus, Liverpool, Cortland, Auburn, and North Syracuse. Contact us today to schedule an initial consultation with one of our qualified Central New York personal injury attorneys.