6 Factors That Affect The Result Of Your Personal Injury Claim
by Barsha Bhattacharya Insurance 23 August 2023
Accidents happen when you least expect them. A relaxing stroll on the sidewalk might turn into a trip to the emergency room just because an irresponsible driver was busy arguing on the phone.
People aren’t prepared for such events. The best they can do is pick themselves up and fight the at-fault parties legally.
It’s difficult to bring the at-fault parties under the strong arm of the law without legal guidance. After an accident, your first course of action is to seek experienced lawyers, like the personal injury lawyers at Apex Law Firm. They possess the skill to get you the right compensation for the injuries and losses you have sustained.
Multiple elements come into play when the topic of compensation is discussed. All personal injury claims don’t get the same amount of compensation. There are multiple factors that may increase or lower your compensation.
The Severity Of Your Injuries
In layman’s terms, severe injuries have better compensation. The more severe the injuries, the greater the compensation.
The victim must submit relevant evidence to prove the severity of the injuries. This is often done in the form of medical records, statements from medical professionals, and other similar evidence.
The severity of the injuries will add to the total personal injury compensation amount.
Liability
This is the only factor on this list that may negatively affect your personal injury claim. An accident victim has to prove that the at-fault party acted negligently or carelessly, and that led to the accident. This is not the case for all states.
Some states follow the concept of comparative or contributory negligence. In states that follow comparative negligence, the total compensation a victim receives is modified based on their level of involvement in the accident.
In simple terms, if a victim has 10% responsibility for the accident, then 10% will be deducted from the total compensation amount.
In states with contributory negligence, the victim will be denied compensation if they had a role in the accident that caused their injuries. The compensation claim will be rejected, no matter how small the victim’s role was in the accident.
Then there’s modified comparative negligence, which denies compensation if the victim meets one of the following conditions:
- The victim is responsible for 50% or more of the accident.
- The victim is responsible for 51% or more of the accident.
It’s best to consult an experienced personal injury lawyer to find out what fits your case.
Property Damage
Some accidents are so horrible that they cause damage to the things around you as well. Property damage is often a common part of accidents that involve vehicles. Vehicles aside, a victim’s personal property, like a smartphone and jewelry, can also be damaged.
Your lawyer will help you calculate the cost of repairing or replacing the damaged property. This sum will add to the overall personal injury compensation.
The Ability To Work
Some injuries, like fractures and spinal cord injuries, require long periods of extensive rest for complete recovery. This forces the victim to miss work. In times like this, the victim will be under severe financial stress.
Submitting salary receipts and proof of the duration of bedrest acts as evidence to prove loss of income. This will add up to the total compensation amount.
Emotional Trauma
When talking about injuries, it is also important to talk about emotional trauma. Victims may suffer from posttraumatic stress disorder (PTSD) and other mental disturbances that may affect their lives.
Victims of emotional trauma may also find it difficult to enjoy things that they once enjoyed. This will also be taken into consideration when calculating compensation.
Future Impact
The more serious accidents have the probability of causing irreparable damage to the victim. This includes:
- Death of a loved one
- Loss of limbs
- Scarring
- Disfigurement
For victims of the injuries mentioned above, support is, sadly, a lifelong process. Victims who have suffered irreversible damages have a chance of an increased compensation sum.
Final Thoughts
Many factors are taken into consideration when calculating compensation in a personal injury case. This article listed six of them.
What you read may sound easy to prove, but it is not. Collecting relevant evidence and making sound arguments is not something everyone can do. You need the help of a lawyer for that.
If you were on the receiving end of someone’s act of negligence or carelessness, don’t fret. Consult an experienced personal injury attorney to find out how you can get fair compensation for your losses.
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