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What determines the value of a premises injury claim?

People who are hurt on someone else's property often want to know what their claim is worth. There is no formula, and every case is different. These factors commonly affect value.

Severity of the injury

Broken bones, head injuries, spinal injuries and injuries requiring surgery generally lead to larger claims than minor sprains. Permanent injuries and long-term limitations increase value.

Medical expenses

Past and future medical costs are a core part of damages, including hospital bills, surgery, therapy and future care.

Lost income

Time missed from work and any reduced ability to earn in the future can be significant, especially for injuries that affect a person's occupation.

Pain and suffering

Physical pain, emotional distress, loss of enjoyment of life and scarring or disfigurement are part of damages.

Strength of liability evidence

Value depends heavily on proving the owner was responsible. Evidence that the owner knew about the hazard, such as prior complaints or maintenance records, strengthens a claim.

Contributory negligence

In North Carolina, if the injured person is found even slightly at fault, they may be barred from recovering anything. The risk of that argument affects settlement value.

Insurance coverage

Available insurance limits often set practical boundaries on recovery.

Venue and witnesses

The county where a case is tried and the credibility of witnesses can affect outcomes.

Past results do not predict future results

Large verdicts reported in the news reflect specific facts. Each case must be evaluated on its own evidence.

A personal injury attorney can evaluate your claim and explain the realistic range of outcomes.

This article is general information, not legal advice. Every case is different; to talk about yours, call 910-893-2900. Learn more about our personal injury practice.

Free 6-page guideAfter a Car Accident in North CarolinaWhat to do at the scene, in the first week, and before you talk to an insurance company, plus the North Carolina fault rule that catches most people off guard.Get the free guide →

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