After sustaining injuries caused by another person’s negligence or wrongful actions, the affected person is entitled to injury compensation. However, personal injury compensation is determined on an individual basis. Thus, the settlement value varies, because it is not based solely on the injury or accident itself but on the impact the injury has on the victim’s life.
While every injured person has the right to fair compensation, various factors affect the value of the compensation claim:
1. The Severity of the Injury
The severity of your injuries is one of the most crucial factors in determining the value of a personal injury claim. The more severe your injuries are, the higher the amount you’ll receive. This is because serious injuries require extensive medical care, treatment, and rehabilitation. The injuries can also lead to permanent disabilities or disfigurement. Medical doctors will determine injury severity by assessing the nature of the damage and the recovery period. Therefore, ensure you have the right medical reports while filing a personal injury claim.
2. Impact on Everyday Life
Severe injuries can interfere with a person’s ability to perform daily activities, enjoy hobbies, and maintain relationships. If staying away from work will cost you benefits like promotional opportunities and bonuses, your personal injury settlement will consider such factors. The compensation claim should also consider the loss of earnings due to unpaid leave.
3. Statute of Limitations
This is the legal time limit the affected person must file for a claim. However, the statute of limitations varies depending on the jurisdiction. Factors affecting the statute of limitations are time, medical condition stability, and legal pressure. Hire a personal injury law firm within your locality to guide you on the specific time limits and ensure your claim is filed within the stipulated timeframe. This will maximize your chances of receiving fair compensation.
4. Emotional and Mental Trauma
Emotional trauma affects the value of an injury claim in various ways. These types of trauma can lead to pain and suffering, which is a compensable aspect of personal injury law. Also, mental and emotional trauma affects a person’s ability to socialize, and work, leading to diminished quality of life. However, the severity of the trauma will also play a role in the claim’s value. A person with PSTD may be awarded more than another with mild depression.
5. Total Medical Bills
The total cost of medical expenses for treating injuries sustained in an accident plays a big role in determining the value of compensation. Victims are entitled to compensation for every medical fee, including travel expenses, psychiatric care, and follow-up treatment. In addition, the longer the victim stays on medication, the higher the compensation because they’ll miss work and incur other expenses. Always file a compensation claim when the full extent of your injuries is known to ensure maximum benefits.
6. Liability and Negligence
In a personal injury claim, liability and negligence play crucial roles. If the victim can prove that another person’s negligence caused their injuries, they will be liable for damages. Once negligence and liability are established, the compensation amount is determined by considering medical costs, lost wages, pain and suffering, and property damage. If the defendant has liability insurance coverage, the amount of coverage will determine how much the victim will receive.
The value of a personal injury is affected by many factors. Thus, an injury victim should consult an experienced attorney to get fair compensation. Ensure that you tell your lawyer how the injuries have impacted your life. How have the injuries affected your family and career? Do you hire someone for chores like housework and gardening?