Imagine our society as a vast, interconnected chain where the actions of one link can affect many others. You’re one of these links, and if another link, through negligence, causes you harm, it’s only fitting you receive compensation.
This is where personal injury attorneys step in, guiding you through the maze of legalities and ensuring you get what you deserve. However, how much you receive isn’t always straightforward. Some factors can influence your compensation. Let’s dive into these details.
The Severity of Your Injury
In most personal injury cases, the severity of the injury is the primary factor in determining compensation. Injuries such as spinal cord fractures, amputations, and loss of sight or hearing typically result in higher compensation. Attorney Rich Godshall of Ostroff Godshall Injury and Accident Lawyers can offer a better perspective on how to handle such matters.
Why? The more severe the injury, the more significant its effect on the victim. For example, someone who loses sight after exposure to a harmful chemical due to another’s negligence. Such a devastating injury profoundly alters their way of life, leading to both physical and emotional distress, thus warranting greater compensation.
The Level of Property Damage
If an incident results in property damage, the extent of that damage will play a role in determining the compensation you receive. It’s essential to understand that, under US law, Property is divided into two distinct categories:
- Real Property - This encompasses land and anything permanently attached to it.
- Personal Property includes assets that aren’t real property, such as cars, clothing, jewelry, and other items.
If your property is damaged due to someone else’s negligence, the degree of that damage will influence your compensation. Generally, more extensive damage leads to higher compensation.
Lost Wages and Loss of Earning Capacity
When we experience injuries, particularly severe ones, they often require us to take time off work to recover. If your injury resulted from someone else’s negligence, you’re entitled to compensation for the wages you lost during your recovery and treatment period.
Also, your injury hampers your earning capacity or prevents you from performing your regular work duties. In that case, you should be compensated for the potential wages and career advancements you would have achieved if the injury hadn’t happened.
Several factors influence personal injury compensation, including the severity of injuries, medical expenses, lost wages, and pain and suffering. The at-fault party’s negligence and available insurance coverage also play key roles. Comparative fault laws may reduce compensation if the victim shares responsibility. Strong evidence, such as medical records and witness statements, can impact settlement amounts. Additionally, hiring an experienced personal injury attorney can help maximize compensation by negotiating with insurers or presenting a strong case in court.
Did You Contribute to the Accident?
Your contribution to the accident is a significant consideration in personal injury compensation claims. In certain states, you’re eligible for compensation only if the other party was more than 50 percent responsible for your injuries. For example, you could pursue damages if you bore 40 percent of the blame. However, if you were responsible for 60 percent or more, you wouldn’t qualify for any compensation.
In other states, the degree of fault you hold in a personal injury claim isn’t a barrier to seeking damages against a negligent party. Nonetheless, the compensation you can claim will be adjusted according to your fault percentage. For instance, if you were 60 percent at fault, your compensation would decrease by 60 percent.
Conclusion
Suffering a personal injury can be a traumatizing experience, often leaving victims overwhelmed and uncertain about the next steps. However, the journey becomes more navigable with a qualified personal injury attorney by your side.
A competent attorney allows you to concentrate on recovery while they represent you during negotiations with insurance companies. Your attorney will stand by you in court if the case is trialed. Therefore, if you’re injured due to another party’s negligence, your first action should be to consult a personal injury attorney.
