2 Things That Can Affect Your Personal Injury Claim Value
When filing a personal injury claim, you need to know the factors that can influence its value. Understanding these components of your case will help you reach an amount in settlement negotiations or at trial that accurately reflects your damages.
This article focuses on the factors that can influence your injury claim's value and how you can use them to maximize the award you receive.
The Severity of Your Injury
The severity of your injury is an important factor in determining the value of your claim. Generally speaking, greater harm from an accident results in a larger monetary award for the victim. In some cases, even if the injuries are minor, a person's pain and suffering due to their injuries can lead to additional compensation.
When making a judgment about the value of an injury claim, judges and juries may consider medical records, photos, and videos taken at the time of the accident to assess the extent of your physical injuries and any long-term complications you may have experienced as a result.
Reports from doctors, therapists, or other medical providers are also used to establish that you have suffered actual damage due to an incident. With these details in hand, it becomes easier to calculate and estimate future costs associated with treatment or lifestyle changes needed due to the injury.
Contributory negligence is a legal concept that can significantly reduce the value of an injury claim. It occurs when the plaintiff is found partially responsible for their injury due to their own carelessness or recklessness. This type of negligence is often expressed as a percentage. In other words, courts may determine that the plaintiff bears some degree of responsibility for their injuries and have this factored into their award.
When evaluating contributory negligence, a court will look at whether your actions came before or after the negligent act by another party. To prove contributory negligence, the defendant may try to prove that your actions caused or contributed to the injuries you sustained. Contributory negligence may also include failure on behalf of the plaintiff to take reasonable precautionary measures, such as wearing a seatbelt when driving or paying attention to "slippery surface" signs when walking through an area.
Contributory negligence can often severely limit or completely void your right to compensation under personal injury law. When facing such accusations, contact an experienced lawyer who can help represent your rights and protect against unfair claims of shared liability in court. Without sound representation in such matters, you could lose out on claiming any damages from your injury claim.
Contact a personal injury lawyer for more information.