How Are Personal Injury Claims Calculated?

If you’ve sustained an injury in an accident that wasn’t your fault, it’s only fair that you’re adequately compensated for all the ways the accident negatively affected your life. That said, the road to receiving your compensation can be long and arduous without adequate legal guidance. 

It’s important when pursuing your claim that the full extent of your experience is taken into account. The compensation you receive could make a big difference to your life moving forward, helping mitigate any personal and financial hardship suffered.

Personal injury is often misinterpreted as a reference to any physical injuries to your person, but this isn’t painting the whole picture. Many different factors can play a role in determining the scope of a victim’s loss and the compensation they’re due. If you’ve found yourself asking, “how are personal injury claims calculated?” then read on for a brief overview of what you need to know when filing a claim.

Factors Affecting Your Personal Injury Claim Calculation

North Carolina has its own statutes governing how personal injury claims may be pursued through the court system. To summarize, you’re given three years from the date of the incident to file a personal injury claim in North Carolina. Your case is unlikely to be heard unless you meet specific exceptional circumstances if you file outside this timeframe.

Personal injury constitutes several factors, and your lawyer will take this into account when calculating your claim. Alongside any physical injuries, the court will assess other forms of harm or loss that resulted from your accident. Your losses are compensated through an award of economic and non-economic damages.

Of course, your lawyer must first establish the defendant’s liability if your case is to be successful. Your attorney needs to demonstrate the defendant has a duty of care for you, similar to what an employer has for their staff, or a landlord has for their tenants. If this is established to be the case and the defendant appears to have been negligent in their responsibilities, then you may have legal grounds for compensation.

Go to Court or Settle?

Figures show only 3% of personal injury cases see a courtroom. A defendant will seek to settle out of court on many occasions to avoid further legal battles and resolve the matter quickly. The decision to settle will rest on you, and if you feel justified in taking the case to civil court, you have every right to do so. 

With that said, your lawyer’s advice will prove valuable in this scenario. Sometimes a settlement that accurately reflects the caliber of your loss cannot be reached, or arguments can be made that muddy the evidence supporting your claim. Regardless of the situation, your lawyer can help you navigate the complex nature of a civil claim. 

Many personal injury attorneys work on a contingency fee, which means they don’t get paid until they succeed in winning you a settlement. Regardless of how long it takes your lawyer to win the justice you deserve, when you know a professional is battling for your justice, you can rest easy each night.

Get in Touch with a Personal Injury Lawyer in North Carolina

Though you’re now armed with more information on what to expect while pursuing your personal injury claim, it’s always a good idea to contact a lawyer for further guidance. A skilled attorney’s knowledge can make all the difference to the final calculation of your claim.

For further advice on your options and any factors that may play into the calculation of your personal injury claim, contact The Nye Law Group. You can reach them by telephone at 704-285-6319 or fill out the contact form on this page.