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Understanding the value of your personal injury claim

On Behalf of | Jul 2, 2024 | Personal Injury

You probably know you are entitled to compensation if you suffer injuries due to another party’s negligence. What could be unclear is the value of your personal injury claim or what constitutes a fair settlement for your harm and losses.

Understanding the factors that influence the compensation for your personal injury claim can set realistic expectations and help you make informed decisions. Here is what you need to know.

Assess your recoverable damages

You deserve compensation for the economic and non-economic damages you suffered, which primarily informs the value of your claim. They include:

  • Present and future medical expenses
  • Lost current and future wages if the injuries you suffered impact your ability to work in the long term
  • Property damage
  • Pain and suffering
  • Emotional anguish
  • Disfigurement and scarring
  • Reduced quality of life, among others

Some of these damages do not have a fixed monetary value, which can present a challenge when calculating an appropriate settlement. Among the factors considered when quantifying them include the severity of your injuries, the duration of your recovery and the impact on your life. 

Your degree of fault matters

If you contributed to the accident that led to your injuries, it could impact your potential compensation. Under Pennsylvania’s negligence laws, you can recover damages with your personal injury claim as long as your level of fault does not exceed the other party’s. However, your percentage of fault will reduce your compensation.

For instance, suppose you are 40% responsible, and your damages amount to $100,000. You can only recover 60% of your damages. However, the law bars you from recovering compensation with a personal injury claim if you were more than 50% at fault.