Are You Wondering Whether Your Injury Claim Will Cover Your Expenses?
What’s my personal injury claim worth? Personal injury lawyers hear this question on a daily basis. Many attorneys will lure clients into accident litigation by telling them what their claim is worth, in general terms. This actually does clients a disservice, as it sets unrealistic expectations.
At the Law Office of Robert A. Miller, we are committed to helping clients throughout Oregon understand the possible value of their claims. We take the time to assess their cases and provide experienced insight into how a claim might be valued. We offer counsel on a contingent-fee basis. You owe no attorney fee unless we win your case and you receive proper victim compensation — a negotiated settlement that meets with your approval or a litigated damage award.
Determining The Value Of A Personal Injury Claim
A claim is mostly worth whatever an insurance company is willing to pay. The severity of the injury and the accident as a whole (i.e., the amount of damage to property) is considered.
Insurance Claims Vs. Litigation And Settlements
Your medical expenses and those of your passengers in a car accident are usually paid by your insurance company, not that of the at-fault driver. That comes later. Oregon requires every auto policy to provide personal injury protection (PIP) for payment of medical expenses regardless of who was at fault in causing the accident. It will also pay lost wages or income if you are off-work for over 14 days. Our lawyers can explain the details of how and when to apply for these benefits.
In other personal injury cases — medical malpractice, premises or product liability, nursing home abuse and neglect, just to name a few — recovery of medical expenses can be pursued at trial or by negotiated settlement. Private health insurance may cover treatment subject to reimbursement from money recovered through verdict or settlement.
As your lawyer, we can confer and coordinate efforts with health care providers to arrange treatment based on reimbursement, once negotiation or litigation has been concluded.
Traditional Medicine Vs. Nontraditional Medicine
In most cases, insurance companies and/or juries view situations where a client requires extensive medical attention as serious. They also view traditional medicine in a more positive light than nontraditional. That is – individuals who are engaged in physical therapy and who have had surgeries or consulted with orthopedists are seen as being more injured than someone who went to see a chiropractor or had acupuncture to deal with pain.
While both traditional and nontraditional avenues of treatment may be available and may address your symptoms, cases, where substantive traditional medicine is involved, tend to be worth more.
Time Away From Work
Personal injury claims also tend to be worth more when an individual is medically required to be out of work for an extended period. The claim then becomes worth more due to wages lost because of the injury.
More Injuries, More Value
Typically, the more injuries an individual has, the more the claim is worth. Also, the more severe the injuries and impact on your future, the more value the claim has.
A Personal Injury Lawyer Can Help
Though these factors all may increase the value of a personal injury claim, they are in no way guarantees of successfully obtaining a settlement. Each case is different, and our attorneys tailor the way in which they approach a case to suit the clients’ best interests and needs. Learn more by arranging a consultation with our firm.