
When Will My Lawyer Tell Me How Much My Case Is Worth?
Serious injuries can arise from many different causes. Car crashes on I-95, slip-and-falls in local businesses, workplace accidents, medical errors, and more can lead to catastrophic, life-altering injuries such as:
These types of injuries can require lifelong medical care, ongoing therapy, and permanent disruptions in your ability to work, socialize, and enjoy previous activities. They can also result in significant financial burdens, burying victims under the oppressive weight of medical debt and lost wages.
When you or someone you love suffers a serious and life-altering injury due to someone else’s negligence, you should not have to face these burdens alone. In fact, when someone else’s behavior has caused you harm, covering these expenses should not fall on you at all.
At Mandell, Boisclair & Mandell, our dedicated Providence injury lawyers have been helping victims of catastrophic injury for close to 50 years. We have the resources and experience necessary to determine the worth of your claim and help you secure the full compensation you deserve.
Call us at 401-273-8330 to schedule your free and confidential case review today. We serve clients in Providence, Cranston, Warwick, and nearby areas of Rhode Island and Massachusetts.
How Much Is My Rhode Island Personal Injury Case Worth?
The exact value of your personal injury claim depends on several factors. These include:
- The Severity of Your Injuries. Injuries that require extensive treatment, long-term care, or permanent lifestyle changes often yield higher settlement values.
- Available Insurance Coverage. Insurance limits, such as underinsured /uninsured motorist coverage, can potentially limit your recovery.
- Strength of Your Case. Clear evidence of negligence bolsters a case and can improve settlement offers.
- Future Outlook. Whether you’ll make a full recovery or forever be forced to deal with your injury will impact the value of your case.
Every case is unique. For your attorney to estimate the value of a claim, they must first collect evidence, determine fault, and evaluate your economic and non-economic damages.
Determining Worth: How Are Personal Injury Damages Calculated?
Placing a dollar value on an injury is not always a straightforward pursuit. However, it typically involves considering two different types of damages:
Economic Damages
Economic damages are also referred to as special damages. They are easily quantifiable losses such as current and future medical expenses, rehabilitation and therapy costs, lost wages, diminished earning capacity, home modifications, and similar material expenses.
In Rhode Island, special damages are not capped at a specific amount with the exception of claims made against the State (see R.I. Gen. Laws § 9-31-2). This means that, under most circumstances, your damages will be calculated to ensure all tangible, economic losses are accounted for.
Non-Economic Damages
Non-economic damages are also called general damages. They refer to losses that are less concrete, but equally significant. Non-economic damages may include pain and suffering, emotional distress, loss of companionship, reduced enjoyment in life, and similarly intangible losses. Although these damages are not tied to a clear-cut price tag, your attorney will consider how your injury has and will continue to impact your life to accurately value the non-economic harm you have endured.
As with special damages, general damages are not capped in Rhode Island.
Additional Damages and Special Considerations
In cases where the defendant’s actions were intentional or shockingly reckless, punitive damages may also be awarded. However, in some cases, such as those against the State and when an injury results in death, these damages may not be available at all.
The process of assessing damages takes time. It is important to understand that most lawyers will avoid giving a firm estimate of damages too early in the process as the full scope of the injury, recovery outlook, and long-term impact may not yet be understood. Various issues may arise during litigation that can impact the value of a case in either direction.
When you come to Mandell, Boisclair & Mandell with your personal injury claim, our Providence injury lawyers will do everything we can to fight for the compensation you deserve.
Determining Fault: How Rhode Island’s Comparative Fault Rule Impacts Damages
Rhode Island follows a “pure comparative negligence” system (see R.I. Gen. Laws § 9-20-4). This means that even if you are partially at fault for an accident, you can still pursue compensation. Your awarded damages will, however, be reduced by whatever percentage of fault is attributable to your actions.
Under Rhode Island’s comparative fault rule, your damages do not change, just the amount you are awarded after a verdict is issued at trial. For example, if your claim results in a $100,000 verdict but you are found to be 10% liable for the accident, your actual award would be $90,000. This impacts the amount you can recover in actual dollars.
Here’s the thing: Establishing fault after an accident is not an easy undertaking. A thorough investigation into the accident will be needed to determine who can be held liable. This is something best left to an experienced personal injury attorney.
During your conversations with emergency personnel, others involved in the accident, witnesses, and insurance adjusters, it is imperative that you do not suggest you are to blame for the accident. It may be impossible to know what caused your accident without additional information.
How a Providence Personal Injury Lawyer Can Help
The personal injury lawyers from our firm can assist with your claim in several ways. These include:
- Investigation. Your lawyer will examine police reports, medical records, photographs, witness accounts, and any available video evidence to build a foundation for your claim.
- Expert Witnesses. Your attorney may collaborate with medical specialists, accident reconstruction experts, vocational counselors, and economists to accurately assess both the immediate and long-term impact of your injuries.
- Damage Calculation. By considering lost income, medical bills, rehabilitation expenses, and non-economic damages like pain and suffering, your lawyer will work to establish a clear monetary target that reflects the full scope of your losses.
- Insurance Negotiations. A significant percentage of personal injury claims are resolved outside of the courtroom. Your attorney will handle the communications with insurance companies and opposing counsel to try and negotiate a fair settlement.
- Trial Representation. Some cases can’t be settled. If your claim goes to trial, your lawyer will represent your case to a jury to fight for the compensation you deserve.
At Mandell, Boisclair & Mandell, our Providence injury lawyers have a long and proud history of securing fair compensation for victims of serious injury.
Contact Us for a FREE Case Review and Learn What Your Case Might Be Worth
If you’re wondering, “How much is my case worth?” know that we understand how anxious that uncertainty can make life feel. Contact Mandell, Boisclair & Mandell online or call us today to schedule a FREE case review and let our experienced attorneys evaluate your claim, discuss potential damages, and help you determine the best course of action. Based in Providence, our injury attorneys serve all nearby areas of Rhode Island and Massachusetts.