When someone is injured as a result of the negligence of another party, it is possible to file a personal injury lawsuit to seek compensation for damages incurred. However, the amount of compensation awarded in a personal injury case is dependent on several factors. This article will explore the different factors that determine how much compensation a person may receive in a personal injury lawsuit.
Table of Contents
Factor #1: The Severity Of The Injury
The first and most significant factor that determines the amount of compensation in a personal injury case is the severity of the injury. The more severe the injury, the higher the compensation awarded. This is because severe injuries often require a longer recovery time and extensive medical treatment, which can be costly.
Injuries such as brain damage, paralysis, and loss of limb function are considered severe and can result in high compensation amounts. On the other hand, minor injuries such as bruises, scratches, and cuts may result in lower compensation.
Factor #2: Medical Expenses
The cost of medical expenses incurred as a result of the injury is another major factor that determines compensation in a personal injury lawsuit. Medical expenses include treatment costs, medicine costs, hospitalization bills, and rehabilitation costs.
If the injury sustained requires ongoing medical treatment, the compensation awarded should cover all present and future medical expenses.
Factor #3: Lost Wages
If the injury resulted in the victim being unable to work, they may be eligible for compensation for lost wages. This encompasses future lost income, as well as past and present lost income. If the injury results in a permanent disability, the victim may be entitled to compensation for lost earning capacity.
Factor #4: Pain and Suffering
There is no metric to measure the amount of pain and suffering an individual experiences as a result of an injury. Pain and suffering encompass physical pain and emotional distress caused by the injury.
The amount of compensation awarded for pain and suffering is dependent on the severity and duration of the pain and suffering experienced.
Factor #5: Comparative Negligence
Comparative negligence is a legal doctrine that determines the amount of compensation awarded based on the level of fault of each party involved in the injury. If the plaintiff or victim is partially at fault, the compensation awarded may be reduced based on the percentage of fault.
For instance, if the victim is deemed 25% responsible for the injury, they will receive 75% of the total compensation awarded.
Factor #6: Available Insurance Coverage
The amount of compensation awarded in a personal injury lawsuit may be limited by the available insurance coverage. If the negligent party has limited insurance coverage, the compensation awarded may be lower than if the party responsible for the injury had higher insurance coverage.
Conclusion
There are several factors that determine the amount of compensation awarded in a personal injury lawsuit. The severity of the injury, medical expenses, lost wages, pain, and suffering, comparative negligence, and available insurance coverage are the most significant factors.
Each personal injury lawsuit is unique, and the compensation awarded depends on the individual case’s specifics and the jurisdiction where the case is filed.
If you are injured in an accident caused by the negligence of another party, it is essential to speak with a personal injury lawyer as soon as possible to discuss your options and determine the amount of compensation you may receive.