https://www.alllaw.com/articles/nolo/personal-injury/two-ways-calculate-pain-suffering-settlement.html


https://www.law.cornell.edu/wex/liability

What Really Impacts How Much You Can Get in a
Personal Injury Claim

Understanding what influences the value of a personal injury claim can make a real difference
when it comes to getting fair compensation. Several key factors can shape the outcome of your
case. Addressing these thoughtfully can help strengthen your claim and potentially increase
your settlement or court award.

The Seriousness of Your Injuries

The extent of your injuries plays a major role in how much your case is worth. More severe
injuries—like those involving brain trauma or requiring surgery—often lead to higher
compensation because they involve more extensive treatment and longer recovery periods. To
support your claim, it's important to keep records of everything: hospital visits, prescription
costs, physical therapy, and any expected future care.

Lost Income and Career Impact

If your injuries kept you from working or affected your ability to earn in the future, that loss can
be included in your claim. This part of the case usually requires documentation like pay stubs,
tax returns, or even expert opinions to show how your career was impacted. The more clearly
you can show how your earning ability has changed, the stronger this part of your case
becomes.

Physical and Emotional Distress

Not all damages are financial. Emotional distress, physical pain, and the inability to enjoy life as
you once did are often factored into a personal injury claim. These types of damages—often
referred to as non-economic damages—can be harder to quantify, but they’re just as important.
Insurance companies and courts may use specific formulas, like multipliers or per diem rates, to
calculate pain and suffering, depending on the situation.

Proving Who’s at Fault

To get compensation, you’ll need to show that someone else was responsible for your injuries.
Establishing clear liability is crucial, as your case becomes stronger if it’s obvious that another
party was negligent. But if there’s any chance you’re partially at fault, your compensation might

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be reduced depending on the laws in your state. Strong evidence—like witness accounts, expert
opinions, and official reports—can help prove who’s truly responsible.

Insurance Limits

Sometimes, how much you can recover depends on the other person’s insurance policy. If the
at-fault party has minimal coverage, that could cap your settlement—unless they have other
assets or you have additional coverage like underinsured motorist protection. In car accident
cases, this type of coverage can make a big difference.

Strength of Your Evidence

Solid, well-organized evidence can boost the credibility of your claim. This includes photos from
the scene, medical documents, expert opinions, and written statements from witnesses. The
better your documentation, the easier it becomes to present a clear and convincing case.

Lasting Impact of the Injury

If your injuries have lasting consequences—such as ongoing pain, reduced mobility, or changes
in mental health—these should be factored into your claim. Long-term impacts often lead to
larger settlements, especially if you can show how they affect your everyday life. Medical
specialists and vocational experts may help demonstrate these lasting effects.

Understanding Your Attorney’s Role
The support of an experienced personal injury lawyer can make all the difference. A
knowledgeable attorney can navigate complex negotiations, understand what your case is truly
worth, and handle the legal process effectively. Their experience—and even their
reputation—can influence how insurance companies respond to your claim.

Benson & Bingham Car Accident & Personal Injury Lawyers
626 S 10th St
Las Vegas, NV 89101
Phone: (702) 382-9797
Website: https://www.bensonbingham.com/