No two Syracuse personal injury cases are the same. Every client’s injury claim is unique. The question we get asked most often by clients is what type of judgement can they obtain for the injuries and what amount of payment can they receive as a result of their accident. The question is extremely difficult to answer when it comes to personal injury accident claims. Here are a few of the factors that must be taken into account when establishing the level of compensation or award in a personal injury case:
- The severity of the injury. Injuries vary in terms of their level of compensation. An injury which resulted in a dislocated knee, for example, is compensated at a much lower rate than an injury that resulted in sever spinal trauma and lasting paralysis.
- Length and degree of disability. Also taken into consideration is whether from a medical standpoint the injuries sustained by the client will have a lifelong, life altering effect or whether the injuries are more short-term and whether the client can eventually resume a normal life.
- Loss of earnings. As an example, a middle aged man in is 40s who is making $150,000 annually sustains a car accident injury or truck accident injury and sustains life-altering injuries that affect his ability to function for the rest of his life. This client will almost certainly receive a much higher personal injury award than if he were age 70, retired, or earns less than $50,000 per year.
- Emotional stress and well being, including the effects on the plaintiff’s relationships and emotional well being. If a personal injury client has sustained an injury that has taken a significant toll on the plaintiff’s personal life in terms of marriage or other similar relationships, the personal injury damages award may be elevated.
- The experience, expertise and track record of the personal injury lawyer representing the plaintiff in their matter. Does the client’s personal injury lawyer have a track record in settling or litigating the type of personal injury claim that the client presents?
Clearly, the above factors represent only a tiny fraction of the many issues involved in the evaluation of a client’s personal injury case, and is clearly an extremely abbreviated list. But hopefully it will help in understanding what some of the issues involved in a personal injury case are, and help you think about how to proceed as you pursue a personal injury claim.
The Syracuse law firm of McMahon, Kublick & Smith handles personal injury cases on what is called a “contingency” basis. This means that you don’t have to worry about attorney’s fees because our fee is only charged when we win your case.
With contingency based legal fees, the lawyer’s fees are taken as a percentage of the final successful settlement. This provides peace of mind for the client in terms of not having to worry about legal fees, since the attorney fees are based on (a) winning the case, and (b) no out-of-pocket payment of attorneys fees, since these fees are taken as a percentage of the final awarded settlement.
At the Syracuse personal injury law firm of McMahon, Kublick & Smith, we have decades of experience in personal injury litigation, as well as car accident cases. If you have questions about your personal injury case, please contact us to arrange for a free case evaluation with one of our experienced attorneys.