One of the very first and most pressing questions we hear from new clients is, “How much is my personal injury case worth?” It’s a completely valid and understandable question. When you’ve been injured due to someone else’s negligence, you’re facing a mountain of new and unexpected challenges: overwhelming medical bills, time off work without pay, physical pain, and emotional trauma. You need to know that, at the end of this difficult journey, you will have the financial resources necessary to put your life back together.
While it would be comforting to have a simple calculator to plug in numbers and get an answer, the reality of personal injury law is far more complex. There is no magic formula. The value of a case is not determined by a single factor, but by a comprehensive analysis of every way the accident has impacted your life. In legal terms, this value is determined by “damages.” Understanding these damages is the first step in understanding the potential worth of your claim.
These damages are divided into two primary categories: Economic Damages and Non-Economic Damages.
The Foundation of Your Claim: Economic Damages
Economic damages are the tangible, calculable financial losses you have incurred as a direct result of your injury. They are the foundation of your claim because they represent the concrete, out-of-pocket costs and financial setbacks you’ve experienced. An experienced attorney’s first job is to meticulously gather documentation to prove every penny of these losses.
- Medical Expenses (Past, Present, and Future): This is often the largest component of economic damages. It includes far more than just the initial emergency room bill. We work to account for every single medical cost, including hospital stays, surgeries, diagnostic tests like MRIs and CT scans, prescription medications, physical therapy, rehabilitation, chiropractic care, and the cost of any necessary medical equipment like crutches, wheelchairs, or home modifications. Crucially, we don’t just look at the bills you’ve already received. We work with your doctors and medical experts to project the cost of any future medical care you will need. If your injury will require ongoing treatment, future surgeries, or lifelong medication, that must be factored into your final settlement.
- Lost Wages: If your injuries have forced you to miss work, you are entitled to be compensated for the income you’ve lost. This is calculated based on your pay stubs, employment records, and tax returns. This includes lost salary, hourly wages, overtime, bonuses, and any commissions you were unable to earn during your recovery period.
- Loss of Future Earning Capacity: This is a distinct and more complex calculation than simple lost wages. It applies when a catastrophic injury permanently affects your ability to do your job or to work at all. For example, if a surgeon injures their hand and can no longer perform surgery, or a construction worker suffers a back injury and can no longer do physical labor, their ability to earn income for the rest of their life has been diminished. To prove this, we often retain vocational experts and economists who can analyze your career path and calculate the total value of this future lost income.
- Property Damage: In cases like car accidents, this is straightforward—it’s the cost to repair or replace your vehicle and any personal items damaged in the crash.
- Other Out-of-Pocket Expenses: This category covers other miscellaneous costs, such as transportation expenses for traveling to and from doctor’s appointments or the cost of hiring help for household chores you can no longer perform.
The Human Cost: Non-Economic Damages
While economic damages cover your financial losses, non-economic damages are designed to compensate you for the intangible, human cost of your injury. This is the suffering that doesn’t come with a price tag but is often the most devastating part of an accident. Valuing these damages is more subjective and is where the skill and experience of your attorney become paramount.
- Pain and Suffering: This compensates you for the physical pain, discomfort, and general suffering you have endured from the moment of the accident through your recovery. It considers the severity of the pain, the nature of the injuries (e.g., a broken bone versus chronic nerve pain), and the duration of your recovery.
- Emotional Distress and Mental Anguish: An accident’s impact is not just physical. Many victims suffer from significant emotional trauma, including anxiety, depression, fear, sleep disturbances, and Post-Traumatic Stress Disorder (PTSD). A serious car accident can leave a victim with a lifelong fear of driving. These are real, compensable injuries.
- Loss of Enjoyment of Life: This damage acknowledges that your injuries may prevent you from enjoying your hobbies, daily activities, and life in the same way you did before. If you were an avid hiker who can no longer walk long distances, a passionate gardener who can’t kneel, or a parent who can no longer lift your child, you have suffered a real loss that deserves compensation.
- Loss of Consortium: In some cases, a severe injury can deeply affect the victim’s relationship with their spouse. Loss of consortium claims are filed by the uninjured spouse to compensate for the loss of companionship, affection, and intimacy resulting from the other spouse’s injuries.
Key Factors That Influence the Final Value
Beyond the types of damages, several other factors heavily influence the final settlement or verdict:
- The Severity of Your Injuries: A case involving a traumatic brain injury or paralysis will be valued far higher than a case with a minor sprain that heals in a few weeks. The permanency of the injury is a critical factor.
- The Clarity of Fault: For you to recover compensation, we must prove that the other party was legally at fault (liable) for the accident. The stronger the evidence of their negligence, the stronger your position. Hawaii follows a “modified comparative negligence” rule, meaning if you are found to be partially at fault, your final award will be reduced by your percentage of fault. If you are found to be more than 50% at fault, you cannot recover any damages.
- The Quality of Your Legal Representation: Insurance companies are businesses, and their goal is to pay out as little as possible. They have teams of adjusters and lawyers working to devalue your claim. An experienced personal injury attorney knows how to build a powerful case, gather all necessary evidence, hire the right experts, and negotiate aggressively to counter their tactics and fight for the full, fair compensation you truly deserve.
For a detailed and honest evaluation of your specific case, contact the Law Office of David Eugene Smith. We can help you understand the true value of your claim and fight to secure the resources you need to heal and move forward.