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Factors That Affect The Value Of Personal Injury Claim

ByDave Stopher

Aug 2, 2019

There are several factors that will determine how much your personal injury is going to be worth. You can’t just put a vague dollar amount. The best thing you can do is to look for an experienced personal injury attorney so that you get maximum compensation after all the factors are put into consideration. You can always reach out to Console and Associates P.C. for the best legal representation.

 Here are some of the factors that will affect the value of the personal injury claim. These claims often include car accidents, slip and falls, medical malpractice, workplace injuries, and assault. they will even be filed when a consumer product is flawed and causes physical injury. during a personal injury claim, an individual can seek monetary damages supported the extent of the injury, whether it’s physical, emotional or both. Personal injury claims also cover other items like loss of wages or loss of labor thanks to the injury.

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Where Lawsuit is Filed

You could get more or less depending on the place where the lawsuit is filed. There are some jurisdictions that are known to be generous when it comes to personal injury settlements. You can expect an even bigger check should the case go to trial. That is why it is important that you have an experienced lawyer who will help negotiate on your behalf and will also be ready should the case go to trial.

A skilled personal injury lawyer in Perth, or any jurisdiction for that matter, possesses the knowledge and expertise to navigate the legal system’s complexities. Their understanding of local laws, court procedures, and the tendencies of judges and juries in that area can make a substantial difference in the injured individual’s compensation.

Precedence of a Similar Case

There might be a similar case to yours in the past in which the settlement amount was decided. If it is exactly like your situation, you can expect around the same figure. That is why you should be asking your attorney if they’ve handled similar cases like yours in the past so that you can know what to expect. If it goes to court, the judge will most likely use precedence as it saves a lot of time. It also makes senses to refer to a similar case given the circumstances involved. The past verdicts in a similar case to yours will help the jury make an informed decision in the determination of the personal injury case.

Shared Fault

The judge could still adjust the final amount to be compensated based on other factors related to the case. You might have also contributed to the accident and what you finally get will depend on the shared blame. Determining shared fault is always going to be a challenge especially if both parties can’t seem to agree on the details.

For instance, two drivers, Alice and Bob, collide at an intersection, each claiming the right of way and blaming the other for the accident. With no clear witnesses and inconclusive traffic camera footage, an investigation reveals that Alice was speeding slightly and Bob had a malfunctioning brake light, contributing to the confusion. The judge finds both drivers share fault for the accident.

In a shared fault scenario, the judge assigns a percentage of responsibility to each party. For example, Alice may be deemed 60% at fault for speeding and Bob 40% for the malfunctioning brake light. If the total damages are $10,000, Alice’s compensation would be reduced to $6,000 (60% of $10,000) and Bob’s to $4,000 (40% of $10,000).

This illustrates how shared fault affects compensation, determined by the assigned responsibility percentage for each party. Determining these percentages is challenging, especially with insufficient evidence or agreement on accident details. Hence, excellent legal representation is advisable.

Medical Expense Considerations

The timing of the medical treatment and where you got it from is going to play a major role in determining your personal injury case. If you went to a hospital that majorly treats accidents victims, you’re likely to pay more because they will know you will be seeking compensation for the personal injuries. Our fоrеnѕіс mеdісаl еxреrtѕ and ѕtаff wоrk wіth оur clients’ trеаtіng рhуѕісіаnѕ to ассurаtеlу assess the extent оf their іnjurіеѕ, аѕ wеll аѕ the рrоѕресtѕ for recovery оr thе need fоr futurе ѕurgеrіеѕ. You can check this link right here now for more detail about brain injury lawyer.

Multiple Victims

You might have been involved in an accident where several people were victims. You can’t expect the same compensation if you were alone. Regardless of the circumstances, you want to make sure you’re getting the best compensation. This will only be possible if you work with an attorney that is experienced with handling personal injury cases. You will still have the peace of mind even if your case goes to trial because the attorney can argue your case in front of a jury.

Hard Injuries

Hard injuries can be devastating. In case you’re undergoing treatment for hard injuries, it means that you might have suffered from broken bones or head injuries. Such injuries can be life-threatening. They can even lead to permanent disability.  Such injuries will be taken more seriously in a personal injury case because of the far-reaching repercussions and the cost of treatment that is involved.

Liability Evidence

You will get the compensation that you deserve if you can prove that the injuries were caused by someone else’s negligence. The stronger the evidence, the higher the chance of the case being ruled in your favor should it go to trial. The insurance company will want to settle the claim out of court. You will have an upper hand in the negotiation process since the evidence is overwhelming.

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Daily Life Disruptions

The accident might have disrupted your daily life routine. You’re not able to go to work or school on time. You may not also be able to earn a living as you used before because of the injuries. The attorney will argue that the compensation will need to take into consideration the daily life disruptions that might have come about because of the accident,

To sum it up, you will need an experienced personal injury attorney if you’re to get the best deal out of the compensation claim. A good attorney will take all the necessary factors into consideration which will help with the negotiation process or if the case goes to trial.