How much is a broken arm worth to you? We know this is not a comfortable question for you to answer, right? However, attorneys representing personal injury victims in court must deal with such kinds of realities daily.
The truth is that calculating the value of a personal injury claim is far from an exact science. No foolproof formula can apply to all cases because every claim is unique.
In fact, it is almost impossible to approximate how much a personal injury claim is worth without evaluating the circumstances surrounding it.
This blog post discusses some critical factors affecting the compensation amount in personal injury claims. Read on to find out everything you need to know.
Nature and Severity of Injury
The most obvious factor that affects the compensation amount in a personal injury claim is the nature and severity of the injury suffered by the victim.
Generally, more severe injuries are associated with higher settlements or awards due to their potential for long-term medical care and lost wages.
As such, attorneys representing personal injury victims need to be able to accurately evaluate and quantify the severity of the injury to properly advise their clients.
Certainty of Liability
In legal terms, “liability” refers to who is responsible for causing the damages. Certainty of Liability is an essential factor to consider when discussing the settlement value of a personal injury case.
Ultimately, unless the other party can be proven responsible or liable for any alleged injuries sustained by the victim, the settlement amount may be significantly reduced or even non-existent.
Therefore, it’s critical for personal injury attorneys to build strong cases in favor of their clients to prove liability and maximize the potential settlement amount.
This includes gathering evidence from relevant witnesses and other sources and making strong arguments that demonstrate their client’s claims.
By doing so, attorneys can help ensure their clients receive the maximum settlement value for a given case.
Emotional and Mental Trauma
The truth is that the pain of a personal accident goes beyond the physical injuries sustained. Victims may suffer from various forms of emotional or mental trauma, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
These types of damages are usually harder to quantify and can vary widely among different victims. However, the law does recognize such damages as legally actionable losses for which compensation may be sought.
In such cases, victims may be entitled to recover damages for the emotional and mental trauma associated with their accidents.
Life Distractions
There are times when personal accidents can disrupt your life massively and cause significant distractions.
For example, a victim may take time off from work or miss important family events because of an injury-related disability. In such cases, the person may be entitled to recover damages for the life distractions caused by their injuries.
In essence, this means that victims can receive compensation for all the day-to-day activities affected by their accidents.
Cost of Medical Treatment
The cost of medical treatment is another critical factor that can affect the compensation amount in a personal injury claim.
This includes the immediate medical costs and the potential long-term costs of rehabilitation, medication, and any other treatments that the victim may require.
Attorneys need to be able to accurately calculate these costs to ensure their clients receive the maximum compensation they deserve.
Lost Wages and Income
Finally, lost wages and income are typically factored into personal injury settlements or awards.
This includes any wages or income lost due to an injury-related disability and any potential future earnings that may be affected by the victim’s condition.
Evaluating these losses properly and including them in your settlement request can help ensure you receive all the compensation they deserve for your injuries.
Summary
When evaluating the compensation amount of a personal injury claim, multiple factors are at play.
The nature and severity of injuries, the certainty of liability, emotional and mental trauma, and life distractions contribute to an accident claim’s overall settlement value.
By understanding the key factors that influence a personal injury claim, attorneys can help their clients maximize their chances of receiving fair and adequate compensation for all losses suffered.
For more information about personal injury claims, contact an experienced lawyer today. A good attorney will be able to properly evaluate your case and provide you with sound legal advice.