Factors That Determine The Amount Of Damages Awarded In A Personal Injury Case
Have you been injured, physically or psychologically, because someone else acted negligently? Personal injury law exists to ensure the at-fault party pays you the full compensation you deserve for your injury. The amount of compensation awarded may vary from case to case based on the specific circumstances of each case.
In general, however, the amount of damages that plaintiffs receive depends on the following factors.
The seriousness and duration of the injury sustained.
The primary variable that determines the amount of compensation awarded for a personal injury is the nature and extent of the injury. There are many different types of personal injuries that someone can suffer but all can be classified as either soft or hard injuries.
Soft injuries are generally less serious injuries that don't take too long to heal. They include minor sprains and bruises. The other category of injuries, hard injuries, are serious injuries that result in immense pain and suffering and may even cause the sufferer to sustain a permanent condition.
Personal injury cases involving hard injuries generally carry a higher value than soft injury cases. The duration of the injury suffered also affects the cost of damages awarded. Long-term injuries have greater worth because of the associated costs of treatment and rehabilitation, as well as the prolonged pain and suffering.
The extent of the defendant's liability.
Generally speaking, the defendant should pay the full compensation for your injury if they're fully responsible for causing the injury. However, they'll not be required to pay the full value of damages for your injury if they prove that they're only partly responsible for causing it.
If you share responsibility for the accident or incident that resulted in your injury, the plaintiff will only pay partial damages for it.
Your credibility as the plaintiff.
Can you accurately describe the details of the incident that resulted in your injury? Do you have medical documents detailing the nature and extent of the injury you suffered? Did you take photos of the accident scene to corroborate your side of the story?
To get awarded the full value of damages for your injury, you should be able to prove your case in a convincing manner.
Getting ready for a court battle after a traumatizing event that left you physically or psychologically hurt is no easy task. Consider seeking out a personal injury lawyer to help you with your case to ensure you get awarded maximum compensation for your injury.