If you have been injured because of someone else’s negligence or actions or because of someone else altogether- an accident (auto/car) or an incident- chances are you can be entitled to what is known as ‘compensation for personal injury” from the accident. The damages for some of these are pretty straightforward and can be calculated simply. But then there are others which are not as simple and easy or tangible, to say the least- but they are important too.
No matter what the case may be, your insurance company and even the judge along with the jury would be taking into consideration a number of factors when it comes to deciding how much you can be compensated for. Today we shall speak about those X factors that play a role in ‘personal injury compensation.
According to experts at Daveabels.com they say, in the US alone, every state offers its victims some legal protection against negligence, which amounts to personal injury. What it means is that one can now file for personal injury lawsuits against the party which is responsible or even parties that are responsible and get compensation for their damages. They further add, according to the U.S. Department of Justice, Bureau of Justice Statistics reports it was seen in 2005 that personal injury cases involved sixty percent tort, property, and contract cases. Sadly they say, only five percent of such cases make it to the courtroom, and according to their research they estimate that there are around 300,000 and 500,000 personal injury cases every year in the US alone.
What are the X factors that determine compensation for personal injury?
1. The injury severity
Your personal injury lawyers Lafayette, IN chosen to fight for you would look into this first. This is serious and makes for the most critical part in fighting your case. The injuries severity would play an important role in valuing your personal injury case, say experts. Apart from looking at the medical costs, the jury and the insurance company would look at how ‘permanent’ the injuries on you are. If there has been a ‘disability’ caused or a ‘disfigurement’ or even ‘scarring’, the value of the personal injury claim gets to be higher.
2. How severe is the property damage?
One aspect of a personal injury claim would be property damage, say, experts, especially if a vehicle accident is involved. The personal injury lawyers Lafayette, IN would take into account the total value of the damaged property in the incident and it will be factored into the personal injury claim value.
3. Your total medical costs!
You would need the best and the most adequate medical care in a personal injury, and the costs can be huge. The expert personal injury lawyers Lafayette, IN says that a personal injury case should not be settled before the victim has been deemed maximum medically improved. As a victim, you need to understand exactly how costly your medical bills are going to be, and you should not agree to any settlement whatsoever.
According to Adidemlaw.com experts, they say in 2021 the size of many personal injury cases were large. In the US alone, it was estimated that personal injury cases were around $41Billion USD. The experts further predicted growth of the same of around 1.9% in 2010, but in 2016, it was seen that the growth rate was 1.2%. But when you check the data, it shows that personal injury cases grew by 5% since 2019 alone. So it is safe to say that such cases grew at a rate of 1.4% approximately since the year 2010.
4. Has the injury caused disruptions?
This is a question you need to ask yourself when filing for personal injury compensation. Did the injury cause a dramatic disruption in your daily life? If yes, you would be entitled to personal injury settlement which is larger. For example, you may be finding it tough to do simple things like standing or walking because of the injury, or maybe play sports or even travel to the market or even do certain tasks and jobs too- if disruptions have happened, you are entitled to a larger compensation, period!
5. What about recovery and treatment?
We mentioned medical costs, but we need to emphasize recovery and treatment too. The compensation for personal injury claims would be larger when hospital services and doctors’ services are involved. Even if there are reconstructive surgeries performed on you, your claim would be higher. adding to that, the ‘recovery’ time matters as well. The longer the recovery, follow-up appointments, and even prescriptions used for the treatment medically, for example, would mean higher claims to have.
6. Mental and emotional trauma
You’ve had enough of physical pain endured because of the personal injury, but what about the mental and emotional pain? Who is going to compensate for that trauma? Such clients suffer from depression and anxiety, which happen after an accident occurs. to make the claim more powerful and impactful, the lawyer would fight tooth and nail and get in touch with reputed mental health professionals on your behalf to testify that because of the accident you had mental and emotional trauma to suffer out.
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