Factors That Can Influence Your Personal Injury Claim Value

A personal injury can subject you to unexpected expenses, which can strain you financially. So, aim to seek fair compensation immediately after you sustain any injury because of another party's negligence or recklessness. Before you file a personal injury claim, take time to understand various parameters that can influence its value.



Here are factors that can affect the amount of compensation you recover in a personal injury claim.

Psychological Injuries You Suffer

A personal injury can cause various forms of emotional trauma, which can negatively impact your overall well-being. Examples of emotional trauma or other psychological injuries associated with personal injuries are anxiety, post-traumatic stress disorder (PTSD), and depression. Your insurer should consider the impact of such psychological injuries on your life to determine a fair settlement.

Since psychological injuries are invisible, a professional psychiatrist can prove their impact on your life and help you recover fair compensation.

The Alleged At-Fault Party

Laws that guide the determination of liability on personal injury claims differ from state to state. That means your injury claim can either get reduced or denied once the insurer discovers you share a percentage of fault.

Comparative fault or negligence and contributory fault rules help different states determine claim value for personal injury victims. Comparative negligence rules mean your insurer can compensate you even if you are partially or majorly responsible for your injuries. Contributory fault rules mean that you'll only get compensated if you don't share any responsibility or percentage of fault.

The Litigation Expenses You Incur

A personal injury claim can subject you to various litigation costs, like court reporter fees, attorney fees, deposition, copy, and accident reconstruction fees. If your case has many witnesses, such costs can increase for defendants and force them to settle at a higher price. Unfortunately, deep-pocketed defendants who effectively cater to litigation expenses in your case can reduce your claim value.

The Home Changes You Make or Assistive Equipment You Buy

A personal injury can force you to modify your home's structure or purchase assistive equipment, like crutches, prosthetic limbs, or a wheelchair. Although such changes will make your life easier, they'll subject you to additional costs, which the insurer should consider during your compensation.

The Medical Bills You Incur and Your Recovery Period

Reconstructive surgeries and medical treatments that doctors provide to personal injury victims are costlier, so they attract more compensation. Also, extended recovery periods involve additional medical prescriptions and follow-up appointments, which increase post-injury medical expenses. Your personal injury lawyer should claim compensation for all expenses you incur from start to finish of your treatment.

The Injury Severity

Severer bodily injuries, like spinal cord damage or bone fractures, subject the victims to more pain and suffering. Such injuries attract higher claim value than compensation attracted by minor bodily injuries like bruises and sprains. Also, injuries like disfigurement, brain damage, and loss of body limbs permanently interfere with the victims' lives, and so attract larger

settlements.

The Income and Opportunities You Lose

A personal injury can disrupt your life and make it difficult for you to continue with your job. Inability to work will cause you to take an early and unpaid leave, which will cause you to lose some earnings and opportunities. For instance, you can miss out on opportunities like promotional benefits and worker bonuses.

Your insurer should consider all your lost earnings or income and opportunities to give you fair compensation.

Legal help from a professional personal injury lawyer is necessary if you want to file a personal injury claim. An experienced attorney will represent you in court and work with the insurer to help you recover a fair settlement. Gayheart & Willis P.C. Attorneys At Law has a team of reputable and experienced personal injury lawyers who can help you get compensated fairly for your injuries.