How a Personal Injury Case Is Valued: What Goes Into the Settlement Number in Pennsylvania
How a Personal Injury Case Is Valued: What Goes Into the Settlement Number in Pennsylvania
When someone is injured in an accident, one of the first questions that arises is: “How much is my case worth?” In Pennsylvania, there isn’t a simple formula to calculate the value of a personal injury claim. Instead, several legal and factual factors come together to determine the final settlement number. Understanding these elements can help you know what to expect during negotiations or trial.
1. Economic Damages: Tangible Financial Losses
Economic damages are the measurable financial losses caused by an accident. These include:
- Medical expenses: Hospital bills, surgeries, therapy, and ongoing treatment costs.
- Lost wages: Compensation for income missed while recovering from injuries.
- Loss of earning capacity: If the injury prevents you from returning to the same type of work or earning the same income in the future.
Documentation—such as medical records, employment statements, and receipts—plays a crucial role in establishing these losses.
2. Non-Economic Damages: The Human Impact
These damages cover the physical and emotional suffering resulting from the injury, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship (in severe or fatal cases)
Because these damages are subjective, attorneys and insurers look at the severity and permanence of the injuries when estimating their value.
3. Liability and Comparative Negligence
Pennsylvania follows a modified comparative negligence rule, meaning you can recover damages only if you are less than 51% at fault for the accident. However, your compensation is reduced by your percentage of fault. For example, if you are found 20% responsible for an accident and your damages total $100,000, your recovery would be reduced to $80,000.
4. Insurance Policy Limits
Even if your case has a high potential value, your recovery may be limited by the at-fault party’s insurance coverage. In some cases, your own underinsured motorist coverage or umbrella policies may help cover the difference.
5. Strength of Evidence and Legal Representation
The stronger your evidence—witness testimony, medical documentation, and expert opinions—the more leverage you’ll have during settlement negotiations. Having a knowledgeable attorney can ensure your case is presented effectively and that no damages are overlooked.
At Tadross Law, we help injury victims throughout Pennsylvania understand their rights and fight for fair compensation. Every detail matters when determining your case’s value, and having the right legal guidance can make all the difference.
