If you have been hurt in an accident and believe it was caused because of something someone else did, you could make a personal injury claim in the hope of getting compensation. However, every case is entirely unique, and there are many factors that the courts take into account when determining how much, if anything, any individual or group of individuals should be awarded in damages. Truthfully, it is impossible to accurately guess the amount a court might order a business or individual to pay. However, by exploring the factors that are taken into consideration, this can help to give some indication of what a person might come to expect.
1. Comparative fault – This is a method used in many states to help determine how much the victim of an accident will get. Comparative fault looks at the proportion of blame that can be attributed to each party. A driver who was speeding who hit you might well be blamed for doing so, but less so if you stepped out into the road without looking because you were busy texting on your phone. A judge will hear the arguments from each side and assign a percentage of blame to each party, and this percentage translates into the proportion of medical bills the party at fault will be ordered to pay.
2. Proof of liability is another important factor which essentially determines whether it can be proven that a person or persons were legally responsible and accountable for making sure that others did not get injured.
3. Reasonable and necessary medical bills – A judge may also look at the medical expenses claimed in an individual case to check whether these treatments were necessary and that they were given in relation to the accident rather than a separate or previously existing condition.
4. Pain and suffering – Determining how much pain and suffering was caused due to the accident is a major determining factor when it comes to the final settlement sum. If a judge determines that a person’s pain and suffering were significant and are ongoing, they are likely to order a more substantial amount is paid than if the injuries were minor and a full recovery was made. If a person has nerve damage, needs long-term medical care, or suffers a permanent injury, this can mean their settlement amount is higher. Similarly, if the accident has an ongoing negative impact on a person’s daily life (both physically and in terms of mental health), this could be another determining factor.
5. Witnesses – Having a witness to back up your claim can also be helpful. However, it is also possible that the other party has sought witnesses to back up their story and claim that the fault lies with you.
6. If the recovery time was short, no medication was prescribed, and most of the medical expenses cover diagnosis rather than treatment, this could lead a judge deciding the settlement amount should be smaller. If you chose to see an expensive expert physician rather than using a local doctor, for example, this could also affect your case and see the judge order a smaller sum to be paid.
7. Where the lawsuit is filed – The location of where the lawsuit is filed can also significantly increase or decrease the final sum. This is because different states have different laws and may place a higher value on pain and suffering, for example. There also could be precedents in some states where a particular amount has been awarded in a similar case, in which case the judge may well look to that when determining the figure.
8. Multiple Victims – Another important consideration is the number of people involved. If the accident involved lots of other people, the maximum coverage on insurance policies could be reached much more quickly, and therefore, the sum shared between those affected could be far lower than expected.
9. The experience of a professional attorney – Hiring an experienced personal injury lawyer will also help ensure that the merits of your case are clearly laid out and can help make sure the highest sum possible is awarded to you.
If you have been injured in an accident, talk to the professional lawyers at The Bagneris Firm who will be able to help ensure your rights are protected and provide you with the best advice so you are satisfied with the final settlement figure. Contact us for a free consultation today!
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