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Everything Counts: Which 7 Factors Influence the Worth of Your Personal Injury Claim?
One minute you are enjoying a day out shopping or simply going to work and the next minute you are caught up in an accident and get injured. A personal injury is something that occurs unexpectedly and often interrupts your life.
Though some personal injuries are caused by the victim, the truth is that most of them result from the negligence of somebody else. When someone else is at fault, then the law entitles you to some form of compensation. However, before you rush to sue, it is important that you understand the worth of your personal injury claim.
Though there are many factors involved, here are seven that are very important when assessing the value of your personal injury claim:
Where the Claim is Filed
Different counties and cities in America have their own way of determining the monetary value of factors, such as suffering. Some places have a history of awarding the plaintiff a large settlement, and this could force the defendant to offer you an out-of-court settlement.
Case Precedent
Most courts don’t want to waste too much time hearing a case if a similar suit has already been argued before. A judge or jury will simply use the verdict of a past personal injury case to determine how much compensation to award you. If you have an attorney with extensive experience like Sibley Dolman , you will benefit from their knowledge of similar past cases.
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Amount of Evidence
When you go to court, you have to prove that the person you are suing is actually responsible for your injuries. It is your attorney’s responsibility to collect enough liability evidence to show the court that you deserve to be compensated for your injuries.
Presence of Multiple Victims
If you suffered an accident that involved several other victims, it means that they too will be filing claims against the same defendant. The insurance company may be quick in paying the compensation due, but the plaintiffs will then have to fight each other to determine who deserves the larger piece of the pie.
Shared Liability
The judge or jury may find the defendant guilty, but they may rule that you are also partly at fault for your injury. If this is the case, your portion of the settlement may be reduced depending on how much liability they think you should carry.
Hard Injuries
If you have suffered hard injuries such as fractures and nerve damage, you are likely to receive more compensation. Hard injuries supported by documentation such as MRIs, CAT scans and X-rays are taken more seriously than softer injuries.
Background of Medical Facility
The court usually looks at the timing of your claim with regard to your medical treatment. However, the court also considers the medical facility that treated your injuries. If you went to a hospital that is known to treat accident victims who later sue for compensation, then the court may think that the facility inflates its costs as a way of benefiting from personal injury compensation.
It is important to know the worth of a personal injury claim so that you have a better chance of receiving higher compensation for your suffering. The best thing you can do is to consult a reputable personal injury attorney. This will save you a lot of time and effort.
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