Claims involving personal injury are those that arise when an individual is physically hurt, suffers emotional trauma, or loses economically because of another person’s actions inadvertently or deliberately.
The victims always seek a refund through a legal process such as recovering medical bills, lost pay, personal injury, property damage, among other losses.
Personal injury cases cover various occurrences, for example, motor vehicle collisions, slips and falls, medical malpractices, and product liability. A skillful car accident lawyer recommendss, in order to succeed in the personal injury litigation, one must be in possession of proof demonstrating the cause and evidence confirming that the injuries were sustained.
Consequently, many people are forced to look for legal representatives in a bid to recover compensation.
Liability and Negligence
In establishing the liability for a personal injury, you need to be clear about the fault and what party was responsible for the negligence that occured.
First, you must prove that you owed the defendant the duty of care. In other words, you should have acted with reasonable care to avoid causing harm to others.
Second, you must prove the defendant failed to act with due care. This means they acted negligently or acted recklessly. For example, they ran a red light or failed to keep a property in their lane.
Third, you must prove there was a direct causal relationship between the defendant’s act of negligence and your injuries. This means their negligence was the immediate cause of your injuries. Fourth, you must demonstrate that you actually suffered damages as a result of the defendant’s actions or omissions. These damages may include medical expenses, loss of wages, pain and anguish, etc.
Negligence
One of the key concepts in personal injury claims is negligence. It means the lack of such action as would be expected of a person with reasonable prudence in circumstances like those. The legal theory of negligence provides a basis for punishing those who cause injury to another person.
In order to be successful in a personal injury claim, the defendant’s acts or omissions usually need to have been demonstrated to have resulted in negligence. This involves showing that:
- As stated above, the defendant owed you a duty of care
- Therefore, the defendant breached his duty by not conforming to the accepted standard of good care
- Your injuries were directly caused by their breach of duty
- As a result, you suffered actual damages
Variable negligence exists depending on some factors of your case. Likewise, a negligent driver who could have been speeding or having a text while driving can be considered negligent in a car’s accident. A property owner may fail to provide safe premises in a slip and fall case.
Factors Impacting the Value of Personal Injury Claims
There are certain factors that impact the value of personal injury claims. Here they are:
Severity of Injuries
The seriousness of your pain also goes a long way in helping to establish the value of your personal injury claim.
A person typically receives more compensation due to serious injuries leading to greater damage. In this context, for instance, a traumatic brain injury or a spinal cord injury could cause greater medical treatment, constant rehabilitation, and far-reaching implications on one’s life.
Insurance Policy Limits
Your claim also may be affected by the policy limits of an offending party’s insurance. However, if that party is underinsured, you might end up receiving compensation limited by the policy.
And, in case your losses are beyond the liability limit, filing a personal suit against the culprit may be an alternative way.
Duration and Permanence of Injuries
The amount of time it takes for you to heal, as well as whether the injuries are permanent, also influences the value of the claim.
More compensation may be awarded where injuries have long-term or permanent consequences and include ongoing medical expenses, lost earning capacity, and diminished quality of life.
Comparative Negligence
It is a legal term used to evaluate every party’s contribution to the accident. Depending on whether or not you are partially responsible for the accident, your compensation may be reduced accordingly.
For example, if you are deemed to have contributed to 20% of your injuries, then you would have your compensation reduced by 20%.
Apart from these conditions, other things such as lost wages, medical costs, pain and suffering, emotional stress, and expertise of the attorney may also affect the worth of your personal injury claim.
Conclusion
In conclusion, it can be seen that the value of the claim needs to be established by some important factors. If you keep a look at them closely and observe them, then you can make sure of the value that you think is of the claims. It is important to consult a competent personal injury attorney who will examine the specifics of your case and assist you in seeking the highest compensation that you might deserve.