Accidents can be anything, from being mildly inconvenient to causing traumatic, life-changing injuries. The victims will also find themselves in a deep financial crisis after an accident. At times like this, compensation is considered a blessing.
But here’s the catch: Multiple factors come into play when settling your personal injury claim. You can simply click here to know more about personal injury claims. Some increase your overall settlement amount, while others do the exact opposite. This article talks about these factors. The ones that add up to the total settlement value are denoted by an “I,” while the ones that decrease the settlement come with a “D.”
Medical Expenses (I)
Depending on the severity of the accident, a victim may be bombarded with medical expenses. The more severe injuries require extensive medical support that may span a few weeks. In some instances, the victim may have to be hospitalized for months on end. This causes massive financial distress for the victim and their family.
The personal injury settlement value increases with the severity of the victim’s injuries. As said above, more serious injuries require more medical attention. As a result, the amount to compensate for them will, obviously, be high.
Post-Treatment Recovery (I)
Some injuries are so severe that recovering from them may go beyond hospitalization. Victims may have to visit specialist pain centers or physiotherapists to cope with the pain the accident has caused. Not to forget emotional trauma like post-traumatic stress disorder (PTSD), anxiety, or depression, which will hit the victim hard even after they’ve recovered from their physical injuries.
Repeated visits to specialists like physiotherapists and psychotherapists will have a massive impact on the victim’s finances. The costs incurred to make use of these services will add up to the overall compensation amount.
Role of the Victim (I or D)
The role of the victim in an accident may impact the total personal injury settlement value. This rule varies based on the state in which the accident happened.
If the at-fault party is responsible for the victim’s injuries, the victim will receive the compensation they requested.
But things would be different if the victim had a role to play in the accident. If the victim was responsible for the accident, the doctrine of comparative or contributory negligence comes into play.
According to comparative negligence, the court will reduce the overall compensation amount based on the victim’s level of involvement. Say, for instance, if the victim’s degree of involvement is 45%. Then 45% will be reduced from the total compensation value. States like Arizona, California, and Louisiana follow the comparative negligence doctrine.
Contributory negligence, on the other hand, denies compensation to the victim if they had a role to play in the accident. Even the smallest level of involvement will remove the victim’s right to seek compensation. Contributory negligence is common in states like Alabama, North Carolina, and Virginia.
Property Damage (I)
Damage to a person’s property is one of the losses a victim suffers from after an accident. This type of damage is especially prevalent in motor vehicle accidents. The sum offered is usually to repair the damaged property. If it is beyond repair, then the cost of replacing the damaged property is considered.
Social Media Activity (D)
A victim’s social media activity is often considered detrimental to their personal injury case. The victim regularly uploading pictures and videos of themselves having a good time during recovery will work against them. The insurance company will argue that the victim’s injuries aren’t serious enough to warrant the compensation they’ve requested.
This is why most lawyers request that victims stay off social media when the case is in progress.
Lost Income (I)
Injuries need time to heal. This can be done either at the hospital or at their house. The victim will be unable to work during this period, leading to a loss of income. The income the victim loses in this period will be added to the overall compensation amount. To prove lost income, the victim will have to provide:
- Proof of employment
- W-2 statement from the employer
- Pay stubs
- Work schedule before and after the accident (for the self-employed)
- Previous tax returns (for the self-employed)
Final Thoughts
The factors mentioned above will play an important role when it comes to a personal injury settlement. It is essential for the victim to keep these factors in mind when seeking compensation for their losses.
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