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A personal injury claim can come in many forms, given the wide range of injuries individuals can sustain. Common types of personal injury claims include car accidents, medical malpractice, slips, trips and falls, and workplace accidents.
Securing compensation for the losses incurred is an important part of the claims process, often helping to ease the burden of medical expenses, lost wages and other financial hardships resulting from an injury.
This article will explore some of the factors that determine the amount of compensation a claimant will receive in a personal injury claim, helping them navigate the claims process with greater clarity and confidence.
Assessing the Value of a Claim
In order to assess the value of a personal injury claim, it must first be understood what losses, or damages, the injured party is asking to be compensated for. To be successful in their claim, the injured party must prove they have suffered actual harm or loss as a result of the defendant’s negligent actions. This is categorised as follows:
- This encompasses tangible losses that have a monetary value associated with them. They include things like medical expenses, lost wages, property damage, travel costs to appointments, and other out-of-pocket expenses as a result of an injury. Economic damages can typically be ascertained through receipts, valuations and independent assessments regarding future projections in the case of long-term care or loss of earning capacity.
- These relate to intangible losses and typically require a more subjective valuation. They include emotional distress, pain and suffering, and loss of enjoyment of life. Quantifying these losses can be more complex and may require expert testimony regarding the claimant’s injuries and the impact they will have on their life.
Factors Influencing Damages
Several factors are taken into account when assessing the value of a personal injury claim and the amount of damages to be awarded to the claimant. These typically include the following:
- The greater the severity of the injuries sustained by the claimant and the longer their duration of suffering, the greater the amount of damages they can expect to receive. For example, a claimant involved in a truck accident may suffer greater injuries compared to one in a car accident. If you need further information on your legal rights following a truck accident, an attorney at Sadaka Law can provide the advice you need.
- The type of medical treatment a claimant requires will depend on the nature and severity of their injuries. This can range from a few doctor’s appointments to ongoing surgeries and rehabilitation. The greater the amount of medical treatment required and the longer the anticipated recovery time, the more compensation the claimant is likely to receive.
- Pre-existing conditions potentially reduce the amount of compensation awarded. In such cases, the claimant may only receive compensation for the extent to which their pre-existing condition was exacerbated by the accident.
- Not all personal injury cases are clear-cut. In some instances, the claimant may also bear some responsibility for the accident. Here, compensation may be reduced based on the claimant’s percentage of fault, under the principle of comparative fault.
Understanding these factors can help you and your legal team build a strong case in support of your claim.
