Personal injury cases may be similar in all aspects until it comes to the settlement. If you have been involved in an accident and wondered why claims are settled differently, then it is important to know all the aspects that affect the outcome of a case. Being that cases in a court of law may be similar in nature, the manner in which the case is presented, defended and handled will have a significant difference in the outcome. From face value, it might be impossible to determine how a case will be ruled, but the following aspects will help you to gauge the range within which the judgment will be issued;
The severity of the injury – the greater the level of injury or trauma to the body tissues and organs, the greater the medical bills are expected to be. While a broken bone may render you immobile for weeks, you will not receive as much compensation if you were in the same accident as someone who suffered spinal injury whose result is paralysis. It is also important to view injury on the basis of how it is going to affect someone’s future. Will having a leg amputated make an athlete to never participate in competitive racing again? Such a claim is naturally expected to be higher as the leg has a direct connection to their livelihood.
The age of the victim – every human life is important but the legal fraternity places more value on life that is yet to be lived as opposed to that which has been affected. For instance, it is going to take some time for a broken rib to heal but if the victim is a 90-year-old, they will receive far less compensation compared to what a 30-year-old would get. It is assumed that a 90-year-old is passed paying home ownership or fees while a 30 years old who has children must be provided with funds to cater for his children’s education.
Accumulated costs – apart from the medical cost to treat an injury, personal injury claims also factor in the cost of lost wages and physical therapy. This factor alone means that a victim in active employment will receive a different package from one who is unemployed or running their own business. It is upon the personal accident lawyer, to sum up, all expenses and lost income as a result of the accident for consideration of the court.
Effect of the accident on relationships and lifestyle – if the plaintiff’s lawyer is able to prove that the accident has had a negative impact on the victim’s lifestyle or that their marriage or other relationships have been strained, then the award they are entitled to receive ought to be raised. Some cases may have low settlements even though the conditions support it if the lawyer does not sufficiently explore such avenues.
If you are uncertain of the amount of money or range you should be paid as settlement, it will be worth the investment if you consulted an experienced Atlanta car accident lawyers firm. Certainly, the above list is inconclusive as factors differ from case to case but an accident lawyer would be the best person to evaluate the validity of each case. Do you doubt your case because you were in neither of the cars that were involved in an accident? If you have been injured as a result of the accident whether as a bystander, driver, passenger or spouse of any of the mentioned, there is a provision in law to present your case and be compensated for any inconvenience as a result of the misfortune.
All victims of an accident are entitled to a settlement based on the above qualifying factors. The driver who caused the accident, or their insurance or the owner of the car at fault or their insurance company, are the most likely to pay for damages. They are supposed to pay for immediate medical bills, damage to property, and future loss as a result of the accident. In some cases, especially where drug abuse can be linked to the accident, the driver may be liable to pay the victim punitive damages.
As in all instances where money must be paid as compensation, the party that has been found to be responsible will try to buy or talk their way out of the situation. Obtaining a lawyer at the early stages following an accident is the best guard against such efforts. Your lawyer will advise you on what to do if contacted by the driver or their insurance but it basically amounts to giving them no information about the accident. Are they asking you to describe how you feel or extent of injuries after an accident? Refer them to your lawyer. Many Atlanta car accident lawyers offer their services on a contingency basis and this is the even greater reason why you should have an attorney on call.