When I first meet with a client, I am usually asked the question , “How much is my claim worth” ?
Regrettably, this question is almost impossible to answer at this stage.
The overall value of any given injury claim can be affected in many ways :
Duration and severity of your injuries
The duration and severity of your injuries is an important factor to consider . There really is no way to establish these two factors early on, as it will all depend on how active you are in the rehabiliation process, and how your body responds to various forms of treatment . Some people recover after one month, two months, three months, etc … There is just no way to establish this shortly after the accident has occurred. Generally speaking, the longer the injury, the more valuable the claim.
Numerous people suffer from whiplash associated disorder, of which there are many grades, with your injury claim generally being worth more the higher the grade. Other people suffer more serious injuries, such as brain injuries, paraplegia, and quadraplegia, where the worth of the injury claims will be commonly be considerably higher. An ICBC lawyer will be able to assess the medical documentation for you to establish a proper amount for your injuries.
Pre-existing injuries
There could be a reduction in your injury claim if you have a pre-existing injury .
Liability
Responsibility for a car accident is decided based on the specific facts of any given case . Depending on the circumstances of your case, you may well be found to be partially responsible for the accident . If you are, for example, held to be 25% legally liable for the accident, then your overall award for your injury claim will be reduced by this amount. It is important to seek free advice from a personal injury lawyer vancouver to get a liability assessment in your case.
Contributory Negligence
Depending on your specific circumstances, there could be a reduction for aspects of your own negligence that contribute to your injuries, such as, for instance, not wearing a seat belt .
Mitigation
Your ICBC claims lawyer will explain to you that you have a legal obligation to mitigate your damages by being active in the rehabilitation process . By not doing so, there could very well be a reduction in the worth of your injury claim for failure to mitigate your losses.
To maximize the value of your claim, early reporting of your injuries is very important . Following the advice of your doctors is also very important , which will have a positive impact on the value of your claim in the end, as by following their advice, it cannot be said that you did not mitigate your damages.
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