If you sustain an injury due to the careless actions of another person, entity, or business, you should consider filing a claim for your losses. Unfortunately, securing compensation in a personal injury lawsuit can be challenging based on the complexity of your case. The following are factors that may affect the value of your claim.
The severity of the Injury
Typically, a person with severe injuries is likely to receive a larger settlement due to the suffering and pain. For instance, a person who suffers from severe injuries such as spinal cord damage or a broken bone usually receives a larger settlement as opposed to someone with injuries such as bruising and sprains. Likewise, permanent injuries, including disfigurement, brain trauma, permanent loss of a body part, or diminished mobility, also attract larger settlements.
Treatment and Recovery
An accident victim will likely receive a larger settlement when their post-injury medical treatment incorporates hospitals and doctors instead of chiropractors and physicians. Therefore, a victim must enlist a reputable doctor. According to Kuzyk Law, reconstructive surgery is also linked with cases that attract high settlement amounts.
Moreover, the recovery duration period also plays a significant role. Longer recoveries are usually associated with several follow-up appointments and medical treatment prescriptions. So, the longer the recovery period, the higher the settlement a person is likely to get.
Insurance Policy Limits
Typically, most personal injury cases are settled through insurance carriers. However, the maximum limit of the at-fault person’s insurance carrier usually has a major role in the claim’s total value. Suppose the victim’s total losses fail to be covered in the insurance policy. In that case, they may have to file a personal injury case to seek compensation directly from the individual assets of the at-fault person.
Location of Filing
The actual physical area of filing a personal injury case can influence the value of a claim. Typically, the settlement value of certain factors, such as pain and suffering, usually differs according to your area. Moreover, some locations award large settlements to personal injury victims. Therefore, your chances of receiving a fair out-of-court settlement are likely high if you sustain injuries in such areas.
Lawsuits are usually linked with various costs, including deposing witnesses, clerical work, and hiring professionals to handle technical issues. The cost of litigation may increase, especially if a case has several witnesses or if the number of contested scientific issues is high. Therefore, a defendant in such a case may be willing to award a higher settlement to avoid incurring high defense costs. Similarly, if a complainant lacks adequate resources to prosecute a complicated case effectively, a financially stable defendant may force them to accept a reduced settlement.
Availability of Evidence
Personal injury lawsuits usually revolve around possessing adequate evidence to prove the liability of the other party and the total value of the claim. Therefore, a complainant may struggle to receive a fair settlement if they lack sufficient evidence to support their case.
Ability to Work
Loss of income is a major factor that affects the compensation of personal injury cases. Some injuries may force a person not to work after their recovery. In other cases, a personal injury case may affect a person’s ability to work as they used to work before the injury effectively. This may reduce their income or salaries. Typically, a person is likely to receive a higher compensation if their injuries affect their ability to work after recovery.
A personal injury lawsuit can be complicated and overwhelming. Therefore, it is essential to seek help from an experienced and personal injury lawyer to assist you in this process. Besides, this may guarantee you the chance of receiving higher compensation.