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By: Ikedi Ani-okoye.

Introduction to personal injury determination

Determining the value of a claim is making sure that all of the necessary facts and figures are gathered and put together in a complete package that answers all of the needed questions. The art of the process is in being able to present this information in a manner that persuasively convinces the reader of the significance of the injuries and great value that they carry.

Example personal injury case

If a person is involved in a motor vehicle personal injury accident which is caused by the fault of another who has $20,000.00 of total insurance coverage available and the at fault party does not have any assets and no other means of paying any judgment, the injured party might settle with the at fault party while still treating, by taking the $20,000.00 worth of insurance coverage, prior to reaching maximum medical improvement even if the injured party's case is worth more than $20,000.00

What you must prove in a personal injury case

Determination must be made as to who is at fault. In many instances, the question of who is at fault is a relatively easy question to answer while in other cases this issue becomes much more complicated. In a typical personal injury case the injured party must prove that their injuries were caused by the fault of another.

A factor that can negate a personal injury case

Some states follow the doctrine of contributory negligence which holds if the injured party is in any way at fault then there is no recovery whatsoever and still other jurisdictions follow a modified comparative negligence standard.

The two types of personal injury damage claims

Economic damages are damages that are intended to cover injuries for which an exact dollar amount can be calculated. Non-economic damages are intended to cover injuries for which an exact dollar amount cannot be calculated.

CONCLUSION

The above information is only a brief summary of some of the basic items which should be addressed in a personal injury case. There are a great number of other instructions which should be followed in such a case. Not knowing your rights or proceeding without the proper representation could severely prejudice your case.