Sustaining a personal injury can be a life-changing experience. It can impact your physical, emotional, and financial wellbeing. If another person or entity caused your injury, you may be entitled to compensation. However, determining the value of your personal injury case in Oregon is not always a straightforward process. In this article, we will explore the various factors that determine the value of your personal injury case and what steps you can take to improve your chances of receiving a fair settlement.
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What is a personal injury case?
A personal injury case is a legal dispute that arises when one person suffers harm as a result of the negligence, intentional act, or strict liability of another person or entity. The purpose of a personal injury case is to recover damages, or financial compensation, for the injured party’s losses and expenses resulting from the injury.
Types of damages in Oregon personal injury cases
In Oregon, there are two types of damages that can be awarded in a personal injury case: economic and non-economic damages. Economic damages are monetary losses that can be calculated, such as medical expenses, lost wages, and property damage. Non-economic damages are losses that cannot be easily quantified, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Factors that determine the value of a personal injury case in Oregon
Several factors can influence the value of your personal injury case in Oregon. Here are some of the main factors that insurance companies and courts consider when determining the value of your claim:
Severity of your injuries
The severity of your injuries is the most crucial factor in determining the value of your personal injury case. More severe injuries typically result in higher damages awards. Some factors that influence the severity of your injuries include the type of injury, the extent of the injury, how long it will take to recover, and whether the injury is permanent or temporary.
Medical expenses
The medical expenses associated with your injury are another significant factor in determining the value of your personal injury case. Insurance companies and courts will consider the cost of your past, present, and future medical treatment, including hospital costs, doctor visits, medications, physical therapy, and any necessary medical equipment.
Lost wages
If you had to miss work due to your injury, you may be entitled to compensation for your lost wages. Lost wages can include your actual lost income and any lost earning capacity from future employment opportunities if your injury affects your ability to work.
Pain and suffering
Pain and suffering damages compensate you for the physical discomfort, emotional distress, and mental anguish caused by your injury. These damages are often awarded in personal injury cases where the injury has resulted in significant pain, such as a severe burn or spinal cord injury.
Comparative fault
Oregon uses a comparative fault system, which means that the amount of damages you can recover in a personal injury case is reduced by the percentage of fault that is attributed to you for the accident. For example, if you are found to be 25% at fault for the accident that caused your injury, your damages award would be reduced by 25%.
What steps can you take to maximize the value of your personal injury case in Oregon?
If you have been injured due to someone else’s negligence in Oregon, there are several steps you can take to improve your chances of receiving a fair settlement. Here are some things to keep in mind:
Seek medical attention immediately
Your health and well-being should be your top priority after an injury. If you have been injured, seek medical attention immediately. Not only is this important for your health, but it also creates a record of your injuries that can be used as evidence in your personal injury case.
Document everything
Documenting everything related to your injury, including medical expenses, lost wages, and any pain and suffering you experience, can help you build a strong case. Keep track of all medical bills, doctor’s reports, and receipts for out-of-pocket expenses related to your injury.
Hire an experienced personal injury attorney
Personal injury cases can be complicated, and insurance companies may try to settle your claim for less than it is worth. Hiring an experienced personal injury attorney can help you navigate the legal process, negotiate with insurance companies, and maximize the value of your personal injury case.
Don’t settle too quickly
Insurance companies may try to settle your claim quickly, often before you have fully recovered from your injuries. It’s important not to settle too quickly and to consult with an attorney before accepting any settlement offer. An attorney can help you determine whether the offer is fair and advise you on the best path forward.
In conclusion, determining the value of your personal injury case in Oregon can be complex, and several factors can influence the final damages award. If you have been injured due to someone else’s negligence, seek medical attention immediately, document everything related to your injury, and contact an experienced personal injury attorney to help you navigate the legal process and maximize your chances of receiving a fair settlement.