Personal injury cases can be complicated. With a lot of legal mumbo-jumbo, complex procedures, and let’s face it…

The whole process is downright intimidating.

But here’s the thing — knowing how liability and compensation works is not that difficult. Once you understand the most important factors that determine the value of your case, the process becomes much less daunting.

Plus, did you know that most people have no idea how personal injury cases work?

And that lack of knowledge is costing them big bucks when they need compensation the most.

What you’ll discover:

• How Liability Gets Determined in Personal Injury Cases
• The 4 Key Factors That Drive Compensation Amounts
• Why Most Cases Never Go to Court
• What Makes or Breaks Your Case’s Settlement Value

How Does Personal Injury Liability Actually Work?

Liability is just a fancy legal term that is really just asking one simple question:

Who caused your injury?

In a personal injury claim, the responsibility to show liability rests on the plaintiff (you). This means you have to prove that someone else’s negligence or intentional actions caused your harm. It sounds very complicated, but it’s really not.

The 4 key factors in personal injury cases that determine liability include:

• Duty of care — Was the other person/organization required to keep you safe?
• Breach of that duty — Did they fail to meet that responsibility?
• Causation — Did their failure directly lead to your injury?
• Damages — Did you actually suffer harm as a result?

Here’s a little known fact…

Liability is not always black and white. Many times more than one party may be to blame. And sometimes, you as the victim might be partially responsible, too. This is where having experienced St. Louis personal injury attorneys becomes absolutely critical to your case’s outcome.

Motor vehicle accidents account for 52% of personal injury cases, making them the most common type of claim filed. But whether it’s a car accident, slip and fall, or medical malpractice case — the liability rules remain the same.

What Determines the Amount of Your Compensation?

Now, for the million-dollar question (sometimes literally):

How much is your case really worth?

The answer to that is…well, it depends. Compensation for personal injury cases can vary wildly. Settlements can be as little as a couple of thousand dollars to upwards of millions.

But there are a few specific factors that determine these amounts:

Medical Expenses and Treatment Costs

The first thing your compensation is based upon is medical bills. This includes:

• ER visits
• Surgery
• Physical therapy
• Ongoing treatment
• Future medical needs

But here’s the kicker…

The more severe your injury, the more money your case is worth. Average settlements are $113,391 according to recent data, but catastrophic injuries can result in verdicts and settlements over $1 million.

Lost Income and Earning Capacity

If your injuries cause you to be unable to work, you are entitled to compensation for:

• Lost wages during your recovery
• Diminished earning capacity
• Lost benefits
• Lost opportunities for advancement

The hard truth?

Injuries that permanently affect your ability to make money will cost you tens (if not hundreds) of thousands in lost wages over a lifetime. This is why compensation must take into account decades of lost earning potential in these cases.

Pain and Suffering

This is where personal injury compensation starts to go beyond simply paying your bills. Pain and suffering includes:

• Physical pain and discomfort
• Emotional distress
• Mental anguish
• Loss of enjoyment of life
• Permanent disability/disfigurement

In many cases, pain and suffering damages actually exceed your medical bills. There’s no exact formula for human suffering — it’s all based on how much your injury has affected your life.

Why Most Personal Injury Cases Settle

Do you want to know something that will probably shock you?

About 95% of personal injury cases settle before ever even stepping foot in a courtroom.

But why is this?

Settling benefits both parties. You get your compensation faster without the risk of losing at trial. The defendant (usually an insurance company) saves the potential of a higher jury award and litigation costs.

But here’s the thing…

Insurance companies know people are just anxious to get their money quick. They know this and will often make you a lowball offer hoping you’ll just take it.

The statistics are clear: People with lawyers get payouts nearly 3 times higher than those without an attorney.

What Makes Your Case More (or Less) Valuable?

Clear Liability

The more obvious it is who caused your injury, the stronger your case becomes. In the example of a drunk driver crashing into you, compared to a multi-vehicle accident with several parties all pointing fingers at each other, this is clear cut.

Severity of Injuries

In a perfect world this wouldn’t be the case, but the reality is the more severe your injuries, the more money you are likely to receive. A broken arm that takes a few months to heal isn’t going to net you the same settlement as a spinal cord injury.

Strong Documentation

Photos, medical records, witness statements — evidence makes your case. The better you can document your injury and its impact on your life, the better position you will be in for compensation.

Defendant’s Financial Resources

You are going to get more money from a lawsuit against a big company with a lot of assets, than against a private individual with only a liability policy.

Timeline Expectations

Personal injury cases take time. Unfortunately, a lot of time.

Straightforward cases: 6-18 months
Complex cases: 2-4 years
Cases that go to trial: Even longer

The good news? 70% of people who file claims receive some type of compensation.

The other good news is that patience is a virtue when it comes to these cases. Those who hold out for higher settlements end up receiving payouts that are $30,700 higher on average than people who just take the first offer.

Tactics Insurance Companies Use

Here’s a little truth bomb for you…

Insurance companies do NOT have your best interests at heart.

They are in business to pay you as little as possible. Here are a few of the most common tactics they employ to do just that:

• Early settlement offers before you know the full extent of your injuries
• Recorded statements where they try to get you to say something that can be used against you in your case
• Dragging out the process in the hopes that you will get impatient/desperate and just take any offer
• Denying or downplaying the severity of your injuries
• Blaming you for being partially at fault

Hence the reason why legal representation makes such a big difference. Experienced attorneys know these tricks and how to combat them.

Wrapping Things Up

To recap, understanding liability and compensation in personal injury cases is really pretty simple:

Someone was negligent and caused your injury and you deserve to be fairly compensated for your losses.

The most important factors that determine the value of your case include the severity of your injuries, the clarity of liability, documentation, and the defendant’s ability to pay.

Remember that most cases settle, and having competent legal representation behind you can triple your compensation. Do not let insurance companies walk all over you.

The personal injury claims process is not easy, but with the proper understanding and legal help, you can get the compensation you deserve.

Your injury has cost you enough already, don’t let a poor understanding of the legal process cost you even more.