Most people pursuing a claim for personal injury in Kansas City, MO want to know pretty early on how much their claim is worth. A competent personal injury lawyer will usually be able to give you a rough idea, but there are a number of factors that come into play when determining the amount you are likely to receive in compensation for your injuries. This is because several people play a part in determining what your claim is worth.
Personal Injury Lawyer FAQs: Who Decides What My Claim Is Worth?
Every claim is unique, with no two sets of facts being the same. This means that the task of determining what a claim is worth often falls to several individuals within the claim process. To properly understand the role different people play, it's vital you first understand the different components that make up the compensation you may receive for a personal injury. For information relating to establishing a personal injury claim, visit this page.
What Can You Claim When You Suffer a Personal Injury in Kansas City, MO?
Most claims for personal injury have two key components: economic and non-economic costs. In Kansas City, MO, you may also be able to claim punitive damages if there is "clear and convincing evidence" the actions of the liable party showed complete indifference or conscious disregard to you, the injured party.
Economic Costs
The economic costs you claim might include:
- Medical expenses
- Loss of income, including earning potential
- Cost of repairing any physical property damaged
- Costs associated with making your home accessible
- Costs associated with hiring services to complete tasks like cleaning or maintaining the garden
Non-Economic Costs
The non-economic costs are harder to determine but might take into account:
- Severity of injuries and prospects of recovery
- Type of medical treatment required and the time you need to undergo it
- Pain and emotional distress suffered
- Ongoing limitations or disabilities
- Impact on your ability to enjoy life
Determining Economic Costs
The economic costs associated with a personal injury are relatively easy to determine because they have a fixed dollar cost associated with them. To establish your claim for economic costs, your lawyer will help you gather receipts, pay slips, and other relevant evidence to prove them.
However, the total of these costs does not automatically determine what you receive in compensation. They will be assessed by the insurance adjuster and used as a basis for determining your compensation.
Determining Non-Economic Costs
As non-economic costs are non-tangible, they are often harder to estimate. There are two methods typically used to calculate non-economic costs. The multiplier method assigns a value between 1.5 and 5 based on an assessment of the severity, resulting pain, and the duration of the injuries, as well as the mental torment suffered as a result. This is multiplied by the economic costs to determine the level of compensation.
Alternatively, an assessment may be made of the daily cost of non-economic damages. This daily cost is multiplied by the duration of the injury. Irrespective of the method used, you still have to provide evidence on which the insurance adjuster can rely when assessing appropriate compensation.
Who Decides What the Claim is Worth?
Clearly, the insurance adjuster for the liable party plays a significant role in assessing your injuries and determining how much your claim is worth, especially in relation to non-economic costs. This does not mean the amount the insurance adjuster assesses your claim to be worth is absolute. Once the insurance adjuster has assessed the value of the claim, they usually make an offer as compensation for your injuries.
You do not have to accept this offer; you have the opportunity to play a significant role in establishing the worth of the claim. If you reject the offer, your personal injury lawyer is likely to enter into negotiations on your behalf to reach an agreement on the value of the compensation, making you one of the key players in determining what your personal injury claim is worth.
Court Proceedings
If an agreement cannot be reached, you have the option to pursue the matter in a court of law. When you take this option, you and the insurance adjuster are no longer involved in determining the value of the claim. You and the insurance adjuster present evidence around the claim's value to the court. Its worth is determined by the judge or jury.
In Missouri, the claim process is not arbitrary. You play a significant role in determining the worth of the claim. Good quality evidence setting out the costs will help improve your chances of a more favorable outcome. Given this, the importance of having an experienced lawyer, specializing in this area, acting on your behalf should not be underestimated.
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