How much is my case worth? Is there a limit on how much I can collect?
The value of your case depends on many factors, including the injury involved, where the case is filed, the makeup of the jury in the event your case goes to trial, whether the jury sympathizes with the individuals suing for damages or those being sued, as well as how important it is for each side to settle. Putting a dollars and cents amount on your injury can be extremely difficult; the settlement value depends a lot on the injury and the extent of the impact. The more expensive awards are given because of the seriousness of the injury and the length of time it takes to recover. The location of where your case is filed is a less obvious factor affecting your case. For example, in big cities like New York or San Francisco, awards tend to be higher, whereas an award coming from a small town in Tennessee or Iowa would probably be lower. Awards also vary because different juries, depending on the jurors' backgrounds and impressions of the case, may give very different awards to the same injured individual based on how they react to the facts in the case. To determine what the value of a reasonable settlement would be, you should consider the local laws and practices in the area where you are considering suing, how strong your evidence is, the extent of the injury and how long it will continue, and how much fault exists on the part of the wrongdoer.
In bicycle accident cases, damages may include general damages, special damages, and/or punitive damages:
(1) “General damages” include payments for such things as (a) future wages if you become unable to work, (b) loss of promotion to a higher job that you might have gotten if you hadn’t been injured, (c) inability to perform activities such as housework and errands, (d) loss of ability to enjoy your hobbies, and most common and significant, (e) pain and suffering. General damages are both harder to prove and more subjective.
(2) “Special damages” are payments for the costs you incur for such things related to your injury as medical and hospital bills, medical supplies and prescription drugs, child care, transportation to doctor appointments, and physical therapy. It is easier to prove special damages, because you can use things such as receipts, bill statements and pay stubs as evidence.
(3) “Punitive damages” are payments given to punish a person. To obtain punitive damages, you must prove that actions of the person you are suing were willful, wanton, malicious, or reckless. For example, a drunk driver, by his actions, unnecessarily puts others in danger. Therefore, if you were injured by a drunk motorist, you would have a strong case for punitive damages.
States vary widely in how much of an award can be given – in some states, general damages are not allowed, and in others, damages are limited to $100,000 or $250.000. An attorney will be able to advise you on the laws in your state, how much the limits on awards are, and what you may be entitled to. A good attorney can also help estimate how much your claim is probably worth."
Article Source: http://injury-law.freeadvice.com/injury-law/injuries/calculate_case_worth_limits.htm
