If you have been involved in a New York or New Jersey personal injury accident, you may be entitled to compensation for those injuries. Understandably, you probably want to know what your case is worth, or how much compensation you are entitled to as a result of the injuries you received. Each personal injury accident presents a unique set of facts and circumstances that all go into determining what the case is ultimately worth; however, there are some common factors that may help you to better understand the process that will determine the value of your case. 

Personal injury accidents come in many forms. Injuries from a dog bite, a car accident or a construction accident all fall within the purview of personal injury law. While there are some differences in the way different types of personal injury accidents are handled, the basic concept remains the same.

• Negligence: The most important issue when analyzing the value of a personal injury accident is who was negligent. Negligence is essentially just a legal term that refers to culpability or responsibility. The defendant must have been negligent in order for you to receive anything by way of compensation. Both New York and New Jersey follow some form of comparative negligence law. This means that it is not necessary that the other person was completely at fault in the accident. You could share some of the fault in the accident and still be entitled to compensation. The amount of fault that you are responsible for, however, will directly impact the value of your case.
• Physical Injuries: The type, number and extent of your physical injuries will also be important when determining what your case is worth. Some accidents result in catastrophic, life-changing injuries, while others result in less serious injuries. For example, someone who has suffered a broken back is clearly entitled to more compensation than someone who suffered only bumps and bruises. The total cost of your medical treatment will be one factor that is used to determine the value of your case.Along with the cost of your medical treatment to date, the estimated cost of any future medical treatment will be considered. Some injuries, for example, will require future surgeries, on-going physical therapy, or prescription medication for life. Any anticipated future costs associated with the injuries will be a factor when valuing your case.
• Property Damage / Time Off Work: Along with doctor bills that you have already incurred, other economic damages will also be used to decide what your case is worth. Bills for the repair of personal property, such as your vehicle, and the amount of wages lost for time missed from work are examples of things which are also compensable and will be used to determine the value of your case.
• Non-Economic Damages: Non-economic damages are what people often refer to as “pain and suffering” damages. While pain and suffering are certainly included in non-economic damages, there are other subjective injuries included as well. This portion of your compensation will account for the emotional trauma the accident caused you. Numerous factors go into determining what this portion of your award is worth, such as the extent and severity of your physical injuries, your age and general health at the time of the accident, the effect the accident had on your family, and any special circumstances that make the accident worse for you than it would have been for someone else. Because the value of non-economic damages is subjective, it can be very difficult to estimate without the help of an experienced personal injury attorney.

Although you should now have a better understanding of the factors that go into determining what your case is worth, you should also be able to see why you need an experienced NY / NJ personal injury attorney to evaluate the specific facts and circumstances of your case in order to give you a more accurate estimate of the value of your case.

The personal injury accident attorneys at Ginarte Gonzalez & Winograd, LLP, have six offices conveniently located in the New York/New Jersey metropolitan area. Contact the firm today by calling 888-446-2783 for your free consultation or fill out our online contact form.