A person should be entitled to compensation if they sustain an injury because of the carelessness, negligence, or intentional acts of another. It means you can recover economic and non-economic damages such as medical bills and lost wages.
Many factors influence the amount of compensation awarded in a personal injury lawsuit. It is recommended to take aid from an expert personal injury lawyer.
Here are some critical factors that can influence your compensation.
The extent of the injuries
Personal injury compensation will give you financial benefit if you sustain a severe injury due to another person’s negligence. Many procedures can be employed to calculate the value of such a claim. Many of these depend on the severity and extent of the injuries and the amount of medical treatment required. For example, a spinal cord injury that results in paralysis or partial paralysis will result in more compensation than someone who suffered a minor injury like a broken arm.
Property damage costs
It is essential to consider whether any property was damaged during the same accident that resulted in injury. Because cars can be costly to replace or repair. Besides, many types of property could be damaged by car accidents, such as expensive cell phones, computers, and sunglasses.
Injuries can result in lost income
Injuries can make it challenging for someone to work while they recover. People may not be able to return to work after an injury. Therefore, it is crucial to consider lost income for injury victims. Even if you signed up for an income protection insurance, it still makes sense to include these economic damages as many courts don’t prohibit it.
The extent of the victim’s suffering and pain
Non-economic damages will be determined by considering the person’s emotional and physical pain. Many factors will affect the amount of pain and suffering, such as the severity of the injury, effectiveness, and level of disability. A multiplier approach is used to calculate pain and suffering. Seattle motorcycle accidents attorneys add all economic damages and multiply that number by a fixed number, usually between 1.5 and 5.
Limits on insurance
There is no way to know how much insurance an at-fault party has in a personal injury case. Therefore, insurers will not pay any more compensation than the policy allows. For example, suppose a person’s personal injury liability vehicle accident policy covers $250,000, but their injury expenses go up to $400,000. In that case, there will be a substantial gap between the amount the insurance company will pay and the total costs of the victim. Such situations may require the victim to file a personal injury lawsuit against the at-fault party to obtain more compensation.
Partially at fault
Sometimes, the victim of injury could be responsible for causing the harm. In such circumstances, it is not unusual for more than one person to be accountable. A modified comparative negligence system is used by many. People can still seek compensation if they are not more than 50% responsible for their injuries. Compensation will not be available to anyone over 50% liable for their damages.
Personal injury cases will revolve around the need to have evidence to support the claim and the other party’s liability. Insufficient evidence will mean a victim won’t receive the compensation they deserve.
The victims will receive compensation depending on how much they are responsible. For example, a person injured in a slip-and-fall accident would have been entitled to $10,000, but if it turns out that they are 20% at fault, they will receive $8,000 instead. This article is a comprehensive guide to help you understand the factors influencing personal injury claims. Get in touch with the right attorney for adequate compensation.