Accidents are not uncommon and can happen to anyone at any time.
Imagine you are on your way to the office, but midway, your car gets smashed due to a horrific car accident. Or you had a terrible slip and fall accident at your worksite because your employer failed to provide you and other workers with a safe working environment. These are a few common examples of personal injury cases.
Simply put, personal injury refers to any harm or damage to your physical health or finances. In such cases, sometimes, someone else is to blame for the harm you have suffered.
While being a victim of a personal injury case is distressing, the silver lining is you can file a lawsuit and get financial compensation. If you have questions about the potential worth of your case, several factors can influence the value of a personal injury settlement case. Some key factors include:
- Delay in hiring an attorney
After the accident, the very first thing you need to do is put your trust in professionals. An expert attorney can assist in defending your case. These experts have the proper knowledge that they can use to win the lawsuit and help you get the best possible settlement.
So if you or your loved one has become a personal injury victim, visit the experts at Sokolove law offices to get help for your personal injury case. You want to make sure that you don’t cause any delays doing this, as it could negatively impact your case.
- Soft or hard injury?
One of the most significant factors that will influence your case’s value is the severity of your injuries.
The court will award a larger settlement if you have sustained brutal injuries such as bone fractures, nerve damage, spinal injuries, or a temporary or permanent disability. It is because the more severe the injuries are, the more bills you will have to pay for your treatment. You will also be eligible for greater compensation if you have mental trauma due to the accident.
- Shared negligence
In a personal injury case, there is often no shared negligence because one person is usually at fault.
There are, however, some circumstances in which the defendant – a company or a person – may claim that you are equally at fault. For example, in a slip and fall case, the firm may argue that you must have paid attention to where you were going. Thus, they can place 10% to 20% blame on you. A situation like this refers to a shared fault.
The higher the percentage of shared fault, the lower compensation you will get. It is relevant to note that if the defendant can prove you were 50% or more to blame, you will receive zero compensation.
- Medical bills
Another relevant factor is who you consult for medical treatment after sustaining a personal injury. For example, if you visit a clinic that frequently treats accident victims, they will raise their treatment prices because they anticipate getting paid from a litigation settlement.
Moreover, if you receive treatment from a doctor instead of a chiropractor or physician assistant, you are more likely to get higher compensation. And that’s not it. The duration of medical treatment, such as how long you took medicines or the number of follow-up appointments, can also influence your case.
Yet, this will be useless if you can’t prove your medical treatment to the jury. So make sure to collect all the medical information, including medical tests, doctor’s prescriptions, bills, etc.
- The location where the plaintiff files a case
Although it might be shocking to you, the location where you file a personal injury lawsuit can also influence the value of your claim. This is because every city, state, and county has different rules for dealing with a personal injury case.
Some states or cities may place a higher value on certain factors, such as pain and suffering. In addition, in some counties, personal injury victims have a better chance of receiving an out-of-court settlement. In contrast, others are more conservative and have a reputation for not awarding a large sum of money to the plaintiffs.
- The credibility of evidence and witnesses
Personal injury lawsuits usually involve eyewitnesses and expert witnesses. For example, in a road accident, the eyewitness might provide the judge with relevant evidence that proves that you were not at fault. Or, in a medical negligence case, an expert witness may be able to testify that you were not to blame.
Thus, when seeking justice, you need to work with the attorney to collect evidence and have reliable witnesses by your side to support your claim. Remember, your witnesses must be reputable and trustworthy; only then will you be able to build a strong case.
- Way the victim speaks with the insurance company
The insurance company is the last factor that can affect the value of a personal injury claim. If the defendant does not have sufficient insurance, you may not be able to get reimbursed for all your damages.
Moreover, how you speak with the insurance company representative can significantly influence your case. Be mindful that insurance companies are not looking out for your best interests and often offer lower compensation or try their best to drag the case.
A better idea is to consult your attorney before communicating with the insurance company representative. A personal injury attorney will do their best to win the case and help you get fair compensation.
Key takeaways
While you might be angry and hurt because you became a personal injury victim, don’t just sit back and grieve. Instead, take a stand for yourself and file a lawsuit to get the compensation you deserve and need.
Keep in mind that no two law cases are the same. Every case involves different considerations and factors that determine the case’s value. Understanding these factors can help you make the right decisions, win the case, and get your life back on track as soon as possible.
