What determines the value of an injury case

Past and future medical expenses are usually the foundation of the claim. This includes emergency care, surgery, hospital stays, doctor visits, physical therapy, prescriptions, medical equipment, and any future treatment projected by a doctor or life-care planner.

Time missed from work because of the injury. If the injury affects your ability to earn a living going forward, lost future earning capacity may also be part of the claim — this often requires an economist or vocational expert.

Physical pain and emotional distress caused by the injury. Less concrete than medical bills, but often a significant part of a claim’s value. Adjusters use several common methods to estimate this; attorneys negotiate based on comparable cases.

Scarring, amputation, loss of function, and other permanent effects. An attorney and medical expert will document the full extent of the permanent impact.

Where the at-fault party’s conduct was especially reckless — drunk driving, knowing violation of safety rules — additional damages may be available to punish the behavior and deter similar conduct.

The practical ceiling on what can be recovered is the at-fault party’s insurance limits plus any personal assets worth going after. An attorney will identify all available sources of recovery — primary policy, umbrella policy, uninsured/underinsured motorist coverage, and others.