If a victim is injured in an accident caused by the negligent actions of another party, state law allows the victim to pursue damages against that party for compensation for the financial and other losses their injuries have caused them. The majority of personal injury cases are resolved through a settlement with the at-fault party’s insurance company, although there are situations where the case will go to trial and a jury will decide the outcome.
Although there are similar damages victims can claim in their cases, each case is decided on individual factors. It is those factors that will help determine how much the total amount the victim receives will be. The following is an overview of these factors. For more detailed information, contact a personal injury lawyer.
Validity of the Case
The first factor that will determine the outcome of a personal injury case is its validity. The victim needs to show that it was actions or behaviors on the part of the alleged at-fault party that caused the incident that resulted in their injuries. These actions must show negligence or recklessness on the part of the at-fault party. For exmaple:
A driver who was speeding and could not stop in time slammed into the back of the victim’s vehicle.
A business owner failed to repair frayed carpeting in their business, resulting in the victim tripping and falling.
A company that knew its product had a design defect, yet failed to warn the public and pull the product off the market.
Another factor that will determine the value of a personal injury case is the amount of loss the victim’s injuries caused them. Every cases is different and not all victims will be entitled to the same damages as others.
Every victim should be entitled to the medical expenses they incur for treatment for their injuries. This includes emergency care, hospital stays, surgeries, rehabilitation, doctor visits, medications, medical equipment, physical therapy, and more.
Victims are also entitled for recovery of any loss of wages and benefits they sustained because their injuries left them unable to work for a period of time. This can also include future loss of income if their injuries have left them with any type of disability that interferes with their ability to work.
Other types of damages that personal injury victims may be able to pursue in their cases are:
- Pain and suffering
- Mental anguish
- Permanent disability
- Loss of life enjoyment
Legal Help Is Available
If you have been injured in an accident, is in your best interest to speak with an experienced personal injury lawyer to find out what legal options you may have against the party responsible for your injuries. Your lawyer will provide the professional legal guidance you need to ensure you get the maximum financial compensation you are entitled to in an insurance settlement or jury award. Thank you to our friends at Council & Associates, LLC for the information about premises liability claims.