Factors That Affect the Value of Personal Injury Claims

A personal injury often causes not only physical and emotional pain but also financial losses. That's why fair compensation should be your priority immediately after you sustain a personal injury. The different effects of personal injuries and other related aspects can determine the amount of compensation you receive.



Learn about factors that affect personal injury settlements.

The Litigation Costs

Litigation costs are all expenses you will incur during the injury claim process. The costs can add up and strain you financially if you lack a good budget. Common litigation costs in personal injury cases are:

• Exhibits
• Court filing fees
• Court reporter expenses and depositions

A professional injury attorney will discuss the litigation costs with you and break them down for you upfront. As a result, you will know what to pay for to maximize your injury claim value.

The Injury Severity

Accidents, especially auto-related ones, cause different types of injuries, which come with varying severities.

More severe bodily injuries, like spinal cord damage and fractured bones, often cause more suffering and pain to victims, so they increase the settlement value. Also, more severe injuries have extended recovery periods, which make them attract higher compensation. Lastly, some injuries, like brain trauma and loss of body limbs, can cause permanent or total disability, which makes victims receive higher settlements.

The Lost Income and Opportunities

A personal injury can cause you to take an early and unpaid leave, which will affect your wages and other opportunities. For instance, you can miss a promotion or workers' bonuses that might come when you are on leave. Whether you've taken unpaid leave or lost your job due to a personal injury, your compensation should factor in your lost earnings and opportunities.

But, you must give the court relevant documents about your lost earnings to recover fair compensation. Keep track of the days you've been out of your job or work with your organization's human resource department to determine the accurate income you've lost.

The Distress You Face

A personal injury can subject you to psychological issues like post-traumatic stress disorder (PTSD), depression, and anxiety. Such psychological problems can cause emotional trauma and affect your mental health in the long run. The psychological and mental injuries you endure from an accident can increase the value of your injury claim.

A psychiatrist is essential in your injury claim to prove to the court the emotional trauma you've suffered.

The Treatment Cost

The type and extent of treatment you get after a personal injury will be a factor of consideration in your claim's evaluation. Your compensation should include all medical expenses, from prescription medication and follow-up treatments, to travel expenses due to hospital visits.

You must provide correct medical records to the court to show that the injury you seek compensation for isn't from a pre-existing condition. To avoid unnecessary inconveniences during your claim, seek medical help immediately after you sustain a personal injury.

The At-Fault Party

The laws of different states regarding the effect of liability on the compensation of personal injury victims vary. But mostly, you will receive if the defendant is majorly or entirely responsible for your injuries.

Contributory fault and comparative fault rules help insurers determine whether injury victims deserve compensation. Pure contributory fault rules will only favor you if you don't carry any blame for your injuries. Pure or modified comparative fault rules will favor you even if you are responsible for some of your injuries.

Legal representation from an experienced and reputable personal injury attorney is key to valuable compensation. If you're in Northern California and need an attorney to fight for your injury claim, look no further than Frank Penney Injury Lawyers.