The amount you can receive for your personal injury case is not set in stone. Even when there are similar cases, they may vary widely in the amount of compensation that can be awarded.
It helps to understand the factors that can impact how much compensation you may receive in your personal injury case.
Severity Of Injuries
Perhaps the biggest factor affecting the amount you can receive for compensation is the severity of your injuries. The intent of personal injury lawsuits is to make the injured person whole again following their injuries.
You might break your leg in a car accident and be expected to make a full recovery. However, another person in a different car accident may have the bone shattered and require extensive surgeries. They may never fully recover from this injury. In this example, you’d likely receive less than the person with the more severe injuries.
Pain And Suffering
The level of suffering and pain you endure from your injuries will also be considered. You may be unable to do daily tasks without pain. You may not be able to enjoy the activities you once loved. You may also be stuck with that pain for the rest of your life.
It can be hard to determine what is fair but an attorney will evaluate your level of suffering. Different factors will be considered, such as whether you will require more medical treatment in the future, if you can no longer perform simple tasks, and if you are constantly in pain.
Medical Expenses And Lost Income
Medical expenses are always a factor in compensation for personal injury cases. It stands to reason that you can’t have a personal injury case without being injured. Your medical expenses will show how much money you’ve lost as a result of your injuries. You can receive compensation for your hospital stay, surgeries, prescriptions, physical therapy, and much more.
As for lost income, the time you miss from work and do not receive a salary can also be claimed in your personal injury case. You can show this through pay stubs and you may also be able to claim future loss of earnings if your injuries keep you from returning to work. If you are rendered permanently disabled as a result of your injuries and can no longer work at all or in the same career, your attorney can calculate your future lost income.
In many personal injury cases, insurance is often a factor. The available insurance coverage will depend on the policy of the at-fault party. This may limit the amount you can recover, though if the at-fault party is uninsured, it may be more challenging. With the help of White Marsh personal injury lawyers, you will have someone to uncover policy limits and use that as a basis in negotiations to ensure you receive fair compensation.
Fault in Maryland personal injury cases is a huge factor when it comes to determining how much compensation you’ll get. This state is one of the few that follows a contributory negligence model. Simply put, it means that if you were 1% or more at fault for the accident, you will not be able to recover compensation.
Naturally, this makes it easier for the responsible party to avoid having to pay. The insurance company will try every tactic possible to try to pin some or all of the fault on you. After a personal injury accident, you should not proceed with your claim without a lawyer.
Settlement or Trial
Trials will take more time and more expense, which is often the reason why settlements are the most common outcome for personal injury cases. If your attorney believes that the settlement you are offered is fair, it is wise to take it.
However, there are many situations where it may be best to proceed all the way to trial. Once you settle, you drop your lawsuit and will not be permitted to seek legal recourse for this matter again. If you go to trial, it becomes a matter of public record and holds the responsible parties accountable.
Trials can be risky since you’ll be relying on a jury to decide whether or not you should be awarded any money at all and if so, the amount you should receive. When choosing a personal injury attorney, you should make sure they have courtroom experience if you want to take your lawsuit to trial.