Because there is no exact formula for determining fair compensation, it is important to consult with an experienced personal injury attorney about your specific circumstances to really determine the general value level of your claim.
Your attorney will look at four specific criteria that will indicate the value of your claim.
1. The Nature and Extent of Your Injuries
- Was the injury extremely painful and for how long? Do you have evidence to support this in the form of medical records, witnesses, a journal or photographs?
- Is your pain ongoing and how long is it expected to last? Do you have evidence supporting that?
- Did your injury disfigure or scar you physically or emotionally?
2. The Type and Cost of Your Medical Treatment
- Don't expect your claim to have much value if you have never been treated by a specialist like an orthopedist, neurologist, surgeon or ear-nose-and-throat (ENT) specialist.
- The length of time you were treated and the cost of your treatment will play a significant role in determining the value of your claim. However, your medical care will need to be viewed as reasonable and necessary for your condition.
- Medical records showing that you need medical care or should expect to need medical care in the future will further increase your claim value.
3. Wages Lost as a Result of Your Injury
- Lost time at work because you were receiving treatment or physically unable to work will add value. You will need medical records and employment records to support this claim.
- If your condition is such that you will not be able to return to the same job or may not be able to work at all, the value of your claim will be significantly impacted.
4. Lost or Diminished Quality of Life
- Such things as activities that you can no longer enjoy may influence value. The more important these lost activities were to your previous lifestyle, the more value they usually have.
7 Secrets to a Successful Nebraska Injury Claim