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How to Determine How Much to Seek in an Injury Claim

When an injury occurs because of careless and negligent acts, the injured party often inquires about filing a claim. Determining how much to seek in a injury claim starts with evaluating the three main factors that influence financial evaluations of personal injury cases. These factors are:

  • Factor 1: Negligence – How careless were the actions that harmed you?
  • Factor 2: Damages – How badly were you harmed?
  • Factor 3: Financial Source – Is there a source for paying damages?

The Gutierrez Law Firm can help analyze all three factors to determine how much to seek in an injury claim.


Negligence is a legal term that means failing to be careful. People that act carelessly, disregard safety rules, and harm others should be held accountable. The more severe and negligent the act, the more your injury is worth. Some examples of negligence include:

  • Car Accidents: A driver talking or texting on the phone is distracted and causes an injury accident or a person chooses to drink and drive, hitting and killing pedestrian crossing the street.
  • Workplace Accidents: An employer fails to offer safety training, and allows employees to work around dangerous equipment or a mistake causes an injury that could have been avoided with proper training.
  • Medical Negligence: A surgeon performs a procedure with unsanitary equipment and the patient suffers from post-operative infection.

The more severe the negligence, the more you should seek in an injury claim. The personal injury lawyers at The Gutierrez Law Firm will seek to determine how careless and negligent the other party acted.


The damages in a personal injury case are the losses that you have incurred. Your injury and loss are important factors in a financial settlement. Some types of damages can be determined with a calculator. These loses include medical bills, missed work, and missed earning potential. Future medical needs and rehabilitation are covered as part of these damages. Other damages are more difficult to estimate. Your pain and suffering, feelings of loss, and emotional strain are all included in the losses. An experienced personal injury lawyer can help establish how much to seek in an injury claim based on the damages.

Financial Source

A financial source is the final variable in determining how much to seek in a personal injury claim. The money has to come from somewhere, and the most likely source will be an insurance policy. If you were injured in an automobile accident, the company insuring the negligent party will be asked by The Gutierrez Law Firm’s injury attorneys to cover your damages.

A second option is money from a corporation. If you are harmed in a workplace accident, corporate responsibility may fund the financial settlement. Large companies often have deep pockets and can be a reliable source to pay your damages. On rare occasions, the source of funds may come from the person that hurt you. It’s unlikely that an individual will have the money to compensate your damages, but the injury attorneys at The Gutierrez Law Firm have seen it happen.

Determining a viable source of funds falls to the experienced personal injury attorneys at The Gutierrez Law Firm. Along with finding a financial source, they will incorporate the damages and negligence as factors in determining how much to seek in a personal injury claim. Contact The Gutierrez Law Firm today to schedule a free consultation with an accident attorney.

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