Injuries can range from minor to life-altering, and the outcome of a car accident case can be very different depending on the multitude of factors involved. The worth of any personal injury claim is not exclusively based on fault or causality but also on a variety of other factors that may complicate the situation. This article has compiled five factors that might impact how much you can receive in damages.
According to Dereck G. Capaz, one of the top car accident attorneys in Tampa, the amount claimed will usually reflect the extent and permanence in which one’s injuries interfere with their ability to live their desired life following an accident. For example, a minor injury treated in-house at an emergency room might yield a slightly smaller amount due to the limited effects of the damage. On the other hand, a more severe injury will be able to yield more compensation because it affects daily life and causes greater suffering.
According to the injury attorneys at Clark Law Firm, P.C., the severity of injuries has a direct impact on one’s quality of life during recovery and also on financial compensation. In the medical field, this factor is often referred to as “qualitative weakness,” which refers to how one’s ability to do activities such as walking and working is affected by their injuries.
Permanent vs. Temporary
Whether you are suing for temporary or permanent injuries is the difference between being compensated for current or future losses. For example, if you can no longer work because of your injury, compensation is sought to cover present medical costs and lost wages. If you cannot work in the future, you might be able to recoup the cost of a retraining program and a loss of career opportunities.
Injury claims are often tied to relationships with your current health condition. Suppose your injuries resulted from a preexisting condition or an injury. In that case, compensation might be reduced since it is difficult to prove that the accident was the direct cause of your injury. However, when accidents are not directly linked to relationships, as they may be due to unusual circumstances, this factor might hurt your case.
Even though it may be unfair to assess fault to one party or the other, if there are glaring red flags that should have been accounted for in your accident, you may be able to argue that the other party was negligent. This factor plays a significant role in personal injury cases because it is common for one driver or party to engage in unsafe driving practices, even when they know this could put your life at risk. You might have a case against them if they did not take the proper safety precautions.
A personal injury case will vary depending on your specific circumstances and how much you can prove that others contributed to the cause of your accident. Just because you were injured due to another person’s negligence, it does not necessarily mean that you will be able to receive compensation for all related losses. While some factors are under your control, others may be outside your scope.