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If you have been injured as a result of someone else’s negligence, you may be considering pursuing a personal injury claim in Portland, Oregon. But before you speak to an attorney, you may wonder how much your personal injury case is worth. Perhaps the insurance claim adjuster is pushing you to settle before you talk to a lawyer.
How much is a personal injury case worth? It depends on several factors.
The value of your personal injury claim will often depend on the type of case involved. Several different types of personal injury claims can be brought under Oregon law.
For example:
A personal injury case following an auto accident involves someone who has been injured by a car, motorcycle, or truck while traveling in another vehicle, bicycling, or walking as a pedestrian.
The force of the collision, the severity of the injuries, and the applicable insurance policy limits will all determine the value of the claim. Even low-speed collisions can result in severe injuries. It is important to speak with an attorney about the value of an auto accident claim before settling with insurance.
A medical malpractice claim is brought when a patient is injured due to the negligence of a healthcare provider. These cases are often complex and require expert witness testimony to establish the standard of care that was breached when the patient was hurt.
Medical malpractice cases are not limited to injuries suffered as a result of a doctor’s carelessness. They may also involve catastrophic injuries sustained due to the negligence of other healthcare providers, such as nurses and technicians.
Such a claim may include either personal injury or wrongful death if the patient loses their life due to medical negligence.
The value of a medical malpractice claim depends on the patient’s injuries, future medical expenses, any lost wages or earning capacity, and pain and suffering.
Individuals who are injured while performing their job duties are entitled under Oregon law to be compensated for their injuries. They typically do this by filing a workers’ compensation claim for medical benefits and lost wages. However, given the circumstances, some workers may be entitled to file a personal injury claim for additional damages.
A premises liability claim is brought when a person suffers injuries due to a property owner’s negligence in maintaining safe conditions on their premises. For example, if you slipped and fell at a retail establishment or were injured due to an unreasonable hazard on someone’s property, you may be entitled to compensation.
A product liability claim is brought when someone is injured due to a defective product. The claim is filed against the manufacturer or seller of the product.
The value of a product liability claim may be significant, depending on the nature and permanency of the victim’s injuries. The defendants in product liability cases are usually corporations with significant resources and, therefore, a larger source of recovery.
Aside from the type of personal injury case, the value depends on the damages that a victim has suffered.
For example, damages may include:
When a person is injured, they need medical care to address their injuries.
These costs include medical bills charged by and for:
It is important to consistently follow through with medical treatment and document your related medical costs if you have been injured.
If you are out of work due to your personal injuries, you can seek recovery of the employment income you would have earned but for the defendant’s negligence.
Further, if you are able to return to work but are partially disabled due to the accident, you can seek recovery for your diminished earning capacity.
For example, a surgeon who suffers nerve damage in their hands may be able to practice medicine in another specialty. The difference between their projected lifetime earnings as a surgeon and their present earning capacity in a different field is recoverable under Oregon law.
Economic damages, like medical bills or lost wages, are just one component of a person’s loss when they are injured. Other forms of harm, such as chronic or acute pain, emotional distress, loss of enjoyment of life, humiliation, embarrassment, and inconvenience, are non-economic damages and factor into the value of a personal injury case.
Ultimately, the value of a personal injury case depends on how a judge or jury will evaluate the claim under Oregon law. The community decides the value of a claim through its verdict in court. By analogy, the insurance adjuster predicts how a jury might rule when evaluating a claim.
A person who suffers a severe, long-lasting injury ought to be compensated for the harm that the defendant has caused.
The compensation awarded in a personal injury case makes up for:
A person who suffers serious, significant harm warrants higher compensation under the law because it is intended to return the person to the status quo. They also likely have steeper medical expenses and future losses to account for.
The value of a personal injury case depends on a variety of factors, including the type of case, the severity of the injuries, the source of recovery, and the permanency of the harm.
Before you attempt to settle your claim directly with an insurance carrier, you should consult an experienced Oregon personal injury attorney at (503) 773-3333 at Tillmann Law Personal Injury Lawyers. An attorney can help identify sources of recovery, evaluate potential claims, discuss the measure of your damages, and ensure that you receive the full value of your case to get the compensation you or your loved one deserves.
