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Wisconsin personal injury case punitive damages

Determine Value of Case | Personal Injury Case Valuation

How is the Value of a Personal Injury Case Determined?

A personal injury case is brought by victims in order to obtain compensation for the injuries they have suffered as a result of an accident that was not their fault. Determining the value of a case is paramount to victims securing adequate compensation. Insurance companies will examine many factors in the case and assign a value amount to each in order to determine the payout amount.

Factors That Influence The Value Of A Case

  • Where the injury happened. Did it happen at work? At a place of business? At home? On public property? As a result of medical care? Where and how an injury happened impacts the value of a case because insurance companies use formulas to assign value to cases based on where and how the accident happened and what injury was suffered.
  • The type(s) of injury that was suffered. Some injuries are valued higher than others. Permanent injuries, hard injuries like broken bones, head injuries, spine and neck injuries and those that require extensive medical treatment are valued higher than less serious injuries. Examples of injuries that are valued lower are soft tissue injuries like sprains and strains, those that require little recovery time, or those in which no medication or treatment follow-up is required.
  • The impact on your life. Injuries that caused the victim to miss work or become unable to do their job, require long-term treatment or care, are permanent or caused emotional or physical distress are usually valued higher in a personal injury case than those that do not have these impacts on your life.

Additional Factors That Can Influence Compensation In A Personal Injury Case

All of the above factors will be taken into consideration and plugged into a formula by the insurance company to determine the value of a case. In addition, other factors can increase or decrease your payout amount.

These include:

  • Fault for the accident and/or injuries. If you bore no-fault, you may receive a higher amount. If you were at fault, your compensation may be lower.
  • Evidence and witnesses. If you have evidence and/or witnesses that support your case you may receive more compensation. However, if the witnesses or evidence harm your case or strengthen the other side’s case, you may receive a lower amount.
  • Your demeanor. Remaining professional and organized throughout the process can help your case. Doing the opposite can hurt your case.

Ensure You Receive The Maximum Amount Possible In Your Personal Injury Case

Sometimes, the payout amounts are adequate and acceptable to accident victims, at other times, the amount offered is less than what the victim is due. In order to ensure you receive the appropriate compensation amount, contact the personal injury attorneys at Eisenberg Law Offices soon after your accident. We can help you navigate the claims and insurance process, negotiate on your behalf, collect and present evidence to support your claim, and advise you of your options so you can make the best decision for your future. 

Schedule a free consultation to review your case with one of our attorneys by calling 608-256-8356 or emailing