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Factors That Affect Personal Injury Case Compensation Calculation

Personal Injury

Published on May 2nd, 2019

How much damages you have undergone in an accident determines the compensation you are likely to receive in a personal injury case. As soon as you recover from the aftermath of an accident you must sit up and asses how much damage you have undergone.

Since the compensation can go a long way to regain your normal life as soon as possible, it is important to get the proper amount of damages rightfully due to you. Once you know elements that comprise damage and the factors that influence the process of assigning a monetary value to damages, it should be easy to estimate the proper amount that you are likely to receive.

When someone injures another person, directly or indirectly, the law holds the person who caused the injury responsible for compensating the victim. In most cases, it is the offending party’s insurance company that comes into the picture for settling personal injury claims.

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The compensation paid to the victim constitutes the monetary value of the damages undergone by the victim as a result of the accident. However, the most important aspect of the process is to ascertain or assign a monetary value to damages that should be good enough to make good all losses undergone by the victim.

The purpose of claiming damages is to ensure that the monetary equivalent of losses help to compensate the victim for the harm that he or she had to suffer. According to the legal explanation of compensation, the expectation is that the money will be helpful in making the victim become whole again.

However, in real life, this is not possible because of the limitations in working out the monetary value of damages; but still; the defendant must pay out enough money to own up the responsibility for the incident. To know more about the prospects of claiming damages for personal injury, you can consult the lawyers at marylandaccident.


Factors That Determine The Amount Of Compensation For Damages

  • Whether it is compensatory damages or punitive damages that the victim is likely to receive, the extent of damages does not only depend on the victim filing an authentic claim. It depends on some other factors like the victim must comprehensively establish the fault of the defendant by building a case accordingly. Unless the other party is responsible for the injuries, there is no case for compensation.
  • Secondly, how much responsibility the victim shoulders in attending to the injuries. It means that the victim must undergo proper medical treatment and make best efforts to recover from the injuries.
  • Thirdly, the ability of the defendant to pay for damages is a factor in deciding how much compensation you might receive.


Whose Fault Is It?

While you might blame the world for your injury, to take the legal route, you must determine who was at fault.

While apparently, it might look like you have no role to play in the way the accident happened; sometimes it might be that the jury comes out with a different version of the incident that points to some partial responsibility on your part. In such cases, although you will receive compensation, the amount would be quite less.

On the other hand, if you are not at all responsible for the accident and the fault lies with the other party then you will be absolved of the responsibility, and the other party will be liable to compensate you in full.


How Much Responsible Were You In Treating The Injuries?

Since you are claiming compensation, it implies that you care enough for your body and would keep caring for it by ensuring that you immediately seek medical care and treatment for your injuries.

This would demonstrate that you are serious about your health and well-being and have every right to claim compensation for maintaining it. However, if you delay the medical treatment and your condition becomes worse, it might result in losing your compensation altogether.

Delaying the treatment not only aggravates the injuries but might lead to other problems that have no relation to the accident and caused due to your negligence in seeking medical treatment on time.


Paying Capacity Of The Defendant

Although the defendant’s insurance company comes into the picture for claim settlement problems may arise when the at-fault driver does not have any insurance coverage. In that case, the claim for compensation would rest on the individual who may not have the capacity to pay the amount claimed by you for medical treatment.

While such cases are between far and few, it can happen. It is better that you attend the hearing for traffic violations and use the opportunity to address your concerns to the judge.

The best course of action is to discuss the issue with your attorney to ascertain who is responsible for injuries and what is the merit of your case that should encourage you to pursue it.


Collecting Facts To Establish Fault

The police report is the first document that records the incident and includes pictures, diagrams of the accident, witness statements and the narrative that the officer will depend on if the case goes to court. The police report becomes a public record usually within 7-10 days.

Your actual injuries are the most convincing evidence about the damages undergone. You must conclusively prove that the injuries happened due to the impact of the accident and established exactly how it happened like due to blunt force on any part of your body or because of the shoulder harness brushing across your body that resulted in abrasion or bruising. Lining up witnesses to support your claim that the other party was at fault could help in proving your point.

It is not possible to predict the worth of damages and injuries exactly, but your lawyer can give an approximate range of compensation that you can expect. Since most of the personal injury cases happen out of court, it entails a process of negotiation between the involved parties like the insurance companies and the victim and his or her lawyer. Only if the negotiations head for a stalemate that a lawsuit would follow.