It is easy to understand that the more extensive and painful your injuries are, the more pain and suffering you are going through and the higher the number that will be added to your overall damages.
When you are in an accident and suffer injuries, you may consider working with a personal injury lawyer to recover compensation to help you deal with the medical treatments and loss of income you are going through. However, it is important to have a reality check and not let your imagination run wild thinking about all the money you are going to receive. This is because there are certain factors that play a role in determining the amount you might end up getting for your personal injury claim.
Calculating a Reasonable Amount
In order to determine an amount of money that is reasonable and that you would accept to give up your legal claim, you have to put together documents that will support the amount you are seeking.
Start by adding the costs associated with your medical treatments and everything you have done to recover your health and add the income you have not earned while being unable to go to work. You can also include the amount you need to recover the property that you lost or was damaged, like your vehicle if you were in a car accident. Also, your lawyer can help you calculate how much money you will be unable to earn in the future should your injuries take a long time to heal or become permanent. They will also help to calculate the cost of any medical treatment you may require in the future.
To that amount, you and your personal injury lawyer will add the non-economic damages that will cover the pain and suffering, emotional distress, and other intangible losses you may be experiencing.
Modified Comparative Negligence States
In some states throughout the country, your award will be impacted by your percentage of fault. In the states that use modified comparative negligence, if your fault is greater than 50%, you will be unable to get any damages, and you may end up with nothing.
Contributory Negligence States
Other states have harsher rules on shared fault, making it impossible for you to obtain any damages even if you are found to be only 1% at fault. Even if you were just a little careless when the accident happened, you might find that the value of your claim is zero.
The Severity of Your Injuries and the Value of Your Claim
You may be wondering what makes personal injury settlements increase; one factor that plays a role in the final amount is the severity of your injuries. It is hard to justify a big payout when you have recovered your health fully just a couple of weeks after the accident.
It is easy to understand that the more extensive and painful your injuries are, the more pain and suffering you are going through and the higher the number that will be added to your overall damages.
Coming up with a precise number is difficult to do. It is easy to imagine that, in some cases, a sprained ankle may end up with complications and more pain than a broken bone. Yet, it is common for insurance adjusters to use your injury as their starting point when negotiating. Talk to your personal injury lawyer and get the help you need to negotiate with insurance companies.
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