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What Is Your Injury Case Worth?
By: Steven J. Greeley
A person who has been involved in an accident is allowed to recover certain damages from the responsible party. These damages include any property damages, present and future medical expenses, present and future lost wages, disfigurement, disability, past & future pain and suffering and past and future loss of a normal life. It is best to have these costs paid by insurance if possible. The responsible person or insurance company is not required to make any payment until they either agree or there is a court order requiring it.
The recovery that will go directly to the injured person is usually based on the value of the other factors listed above. Clearly, any lost wages due to the injury should be allowed as long as your doctor has approved the time off. The remaining factors are more difficult to calculate and depend on the severity and permanency of the injury involved, whether the injury has fully healed or if there will be future issues.
When a case is evaluated by the injured person's attorney, the amount of money demanded largely results from a risk/reward analysis by reviewing the facts of the case and forecasting, to the best of their ability, what the likely result will be after trial.
When an offer is made or an award is given in court for an injury, it is generally an award of a lump sum amount that has been determined based on all of the factors listed above. Regardless of the value of the case, certain insurance limitations on the amount of money the injured person can recover may apply. If the liable party has too little insurance to fully compensate you for the value of your case, you may be entitled to an award for the full amount of your damages, but collection may need to be undertaken against your own underinsured insurance policy or the negligent party individually for the amount not covered by insurance, which could be difficult if the liable party has little or no assets.
To summarize, the evaluation of the value of a case is complex and your experienced attorney should be consulted to determine your cases value. Contacting an attorney will maximize the results so that you do nothing to harm the value of your case.
What is a Health Care Power of Attorney?
The Health Care Power of Attorney (POA) Act allows you to designate someone else as your agent to make health care decisions for you when you cannot. Whereas a living will only focuses on "pulling the plug," a Health Care POA allows you to delegate to your agent control over all aspects of your personal care and medical treatment. The Health Care Power of Attorney allows you to determine how much control that agent has and you can give guidance to your agent as to your preferences under the act.
FGM Launches its Blog
At Franks, Gerkin & McKenna, our mission is to continuously earn our reputation as a leader in the legal community through our caring commitment to our clients by representing their legal rights with experience and integrity. The FGM blog, which launched via our website, in mid-March, is a mechanism for our firm to continue to cultivate a strong relationship with our clients and the entire Northern Illinois Community. FGM releases periodic blog entries to keep you informed of developments and legal issues. Check us out at fgmlaw. com or contact us at 815-923-2107 with any questions or concerns, you may have.