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Key Factors That Determine the Value of Personal Injury Claims

August 17, 2022

If you have suffered a personal injury, you likely want to know how much you will receive if you win your compensation claim. Personal injuries vary in different aspects and have different effects. So, a one-size-fits-all solution does not exist for all cases. Instead, various factors determine the compensation you get after a personal injury. Discover five such factors.


The Severity of Injuries


Personal injuries come in different types and severities that range from soft tissues to major damage. Minor injuries with shorter recovery time and less severe effects receive lesser compensation. Examples of injuries that do not attract high reimbursement are small cuts, whiplash, and bruises.


Conversely, injuries that inflict more pain and emotional distress attract higher compensation. Severe personal injuries include traumatic brain injury, spinal code damage, and fractures. If the injuries lead to long-term damage such as disability, the value of your compensation increases.


The At-Fault Party


You can only receive compensation if the defendant is majorly at fault for your injuries. States have different laws about the effect of liability on the total amount you receive. In most states, you can only claim compensation if you are less than 50% liable for your injuries. Even then, you will receive the total amount decreased by your liability percentage.


Liability can wipe out your entire compensation if you give false information to the court. For instance, if you fail to admit liability and the jury finds out, the court could dismiss your claim. Also, how well you answer questions in court impacts the outcomes of the proceedings. So, you have the upper hand if you hire an excellent personal injury attorney.


The Cost of Treatment


The type and extent of your medical treatment are crucial in your claim's valuation. For example, a lengthy hospital stay, prescription medication, and long-term therapy increase the amount you receive. In addition, you must prove that any injury you seek compensation for is from a personal injury occurrence and not preexisting conditions.


The type of hospital and treatment also determine your compensation amount. For example, hospital and physician treatments attract higher claims than chiropractor treatments. Finally, always seek medical help immediately after a personal injury situation. Otherwise, the defendant's lawyer may argue that the injuries do not stem from the occurrence.


The Value of Lost Income


Some personal injuries cause lengthy recovery periods that keep you out of work or business. In worse cases, you may suffer permanent physical injuries that render you unable to work. In such cases, the at-fault party reimburses you for loss of wages and future income.


Lost income increases the value of your claim if you can submit the relevant documents. To do so, keep track of the days you have missed work or lost business to calculate your total earnings. Also, work with your company's human resource manager or get the documentation that proves lost profits in your business.


The Distress You Face


Personal injuries result in non-physical damage such as anxiety, depression, and fear. Distress can result from the personal injury occurrence or the injuries you have suffered. Emotional hurt is difficult to prove unless you seek help from a professional mental health professional. The injury attorney you hire also plays a crucial role in gathering the needed evidence.


The monetary amount you claim depends on your specific situation. You must present enough evidence to showcase the severity of your emotional distress. A reputable lawyer can document the personal injury's long-term mental and emotional effects.


If you get injuries due to someone else's negligence, you would want the at-fault party to compensate you. Excellent legal representation is paramount to fair compensation. Therefore, whenever you need lawyers to fight for your claim, look no further than Wegner & Associates. You will receive professional help from reputable and competent lawyers.

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