The average compensation amount for personal injury is $52,900.
The amount you get for your personal injury claim will depend on so many factors. Your attorneys, other parties, and insurance adjusters use these factors to determine what you’re eligible for.
While some factors will be stronger than others, understanding them will help make or break your claim.
Keep reading as we discuss the top five factors.
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1. Severity and Type of Injuries Sustained
The value of your personal injury settlement is directly proportional to the extent and severity of your injuries. In simple terms, the more severe your injuries are, the higher the compensation amount you can expect to receive. Severe injuries will generally require more treatment costs.
For instance, a broken arm won’t incur the same expenses, such as a spinal injury. The cost of treatment and therapy for the spinal injury will factor more when getting compensated.
2. Who Bears The Fault and Liability
If another individual is to blame for your personal injuries, you will almost be able to collect all your damages. However, if you share any blame for the accident, your financial recovery would most likely be diminished.
You should note that California is a pure comparative negligence state. This means that you can be compensated for personal injuries that were partly or entirely at fault for the accident. For instance, you’ll find out here that you can still file an injury claim even if you weren’t wearing a safety belt.
However, the amount you’re entitled is reduced by the percentage of your fault. For example, if you’re entitled to a $100,000 compensation, and your fault extent is rated at 40%, the amount you receive will be 40% less. This means you receive $60,000.
So,
3. Type and Course of Medical Treatment
The injuries you sustain may require a different course of treatment than the standard for that type of injury. Various factors like age, genetic conditions, and more influence the type of medical treatment.
Also, preexisting conditions may factor in on the type of medical treatment you get. These medical procedures have varying costs, and as such, they’ll impact the amount of claim you’re entitled to.
4. Lost Income
Another factor that impacts personal injury settlement is wages lost as a result of the accident. Severe injuries sustained can render you incapacitated and unable to continue working. This results in lost earnings, and you might get compensation for not only the lost income but for the amount you could make were you not injured.
However, the amount will vary depending on how soon you’re able to return to work. Injuries that result in limited future earnings will generally result in higher settlements.
5. Emotional Distress
Physical injuries aren’t the only impact of an accident; people can sustain severe mental and emotional distress. While emotional distress can be compensated, it’s, however, challenging to prove.
Clear proof of mental distress will go a long way to help your personal injury claims. Ensure you get your emotional distress proof from qualified and licensed mental health practitioners.
Understand the Factors That Will Impact Your Personal Injury Claim
While there’s no way to predict the outcome of your personal injury claim, understanding these factors will help you prepare well. You might find you get more than you thought or less. Good luck with your claims.
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