Personal injury cases are assessed on two important evaluations:

• The extent of injuries to the victim
• damages to property, including vehicle (if an automotive accident)

Compensation for your injuries and damage to your property is determined by what losses you have sustained as a direct result of the accident. For you, as a victim, to be adequately compensated for your losses--medical bills, lost wages and any other expenses you incurred during your recovery process will be decided based in part on these special damages. Other factors may include the emotional and physical pain you have suffered, and additional monetary loss you may have incurred--such as having to hire someone to do routine household chores you would have normally performed yourself.

In addition to being awarded special damages, you may also seek punitive damages. Punitive damages are awarded not just to punish the offender, but also to help restore the victim to wholeness prior to the incident. An experienced injury attorney will advise you of all your rights in seeking a personal injury claim.

Settling Your Personal Injury Claim

Whether you decide to go to trial or have your claim settled outside of court, you must first hire an attorney.

• It's advisable to hire a law firm or attorney with experience in handling personal injury cases.
• Find an attorney or law firm who has a good success rate of settling personal injury claims outside the courtroom as well as a lawyer who is experienced as a trial attorney--in case you decide to go to court.
• Beware of the statute of limitations on filing personal injury claims. You must file your claim within 2 years.
• Depending on the complexity of your case, personal injury cases can sometimes result in long waiting periods to be settled--but a good attorney will walk you through each step of the process, and keep you up-to-date on the status of your claim.

Reason to Settle Outside of Court

Most personal injury claims are settled outside the courtroom. If a victim can easily establish the fault of the other party, most often the other party will not dispute liability--and will want to settle to avoid going to court. This makes it more advantageous for the victim to negotiate a settlement without having a lengthy trial. Most claims settled outside of court generally result in higher payouts. Having to avoid going to trial is always the better alternative as juries are often unpredictable, and costly. However, an experienced personal injury lawyer will advise you of your best option so that you can be fully compensated.