3 Factors That Influence Personal Injury Claim Payout

After you're involved in a car accident, you may want to file a personal injury claim to recover damages for losses incurred. However, personal injury claims are not always easy to prove. Hence, you need a personal injury attorney by your side to boost the chances for reasonable compensation. 

The following are factors that affect the value of your claim. 

The Severity of Your Injuries

The severity of your injuries is among the biggest determinants of a personal injury settlement. The jury and insurance carriers often consider therapy costs, medical bills, out-of-pocket payments connected to the auto accident, and lost wages. 

For instance, if your injury needs special treatment or surgery, your compensation will likely be higher. The potential value also rises if you need ongoing care like physical therapy or a lengthy recovery period.

Additionally, expect a high compensation if the auto accident results in permanent injuries such as:  

  • Vision loss
  • Spinal cord injuries 
  • Amputation
  • Severe brain injuries

On the other hand, minor injuries (such as strained ligaments or scratches) can receive less compensation. Minor injuries require less significant medical treatment and a short recovery period — thus the low pay-out value. 

Property Damage Payments

Personal injury claims also take into account property damage incurred after the accident. In most cases, these claims apply to auto accidents due to the potentially high cost of restoring or replacing the vehicle.  

Also, if the accident causes damage to personal property, you may include the cost of repair or replacement in your claim. For instance, you can add your smartphone's value in the claim if the accident resulted in irreparable damage to your phone. 

Other costs covered in vehicle damage are towing expenses and car rental costs if the accident victim rented a car after the accident.  

Shared Fault for the Auto Accident

Your shared fault for the injury impacts your claim value negatively. If the defendant proves that you are partially at fault for the accident or injuries, the total pay-out reduces. Most states utilize a comparative negligence system to handle such cases.

For example, if you are 50% liable for the accident, you are only entitled to 50% compensation. Sadly, (in some places) you receive no payment if you were more liable for the accident. If the accident involves multiple parties, each party covers a percentage of the damage they are responsible for. To put it simply, the less fault you share, the higher your compensation value.

The above aspects will dictate how much you get as you pursue your personal injury claim. But you should always hire an experienced personal injury lawyer if you want to maximize the value of your compensation. 

For more information, contact a personal injury attorney near you.