Factors In Personal Injury ClaimsMany factors can affect a personal injury claim’s value — some obvious, some not so obvious. Here are a few that could come into play:

  • How severe are your injuries?
  • Will you need ongoing (perhaps lifetime) medical care?
  • Will future earnings be impacted, including pension and retirement benefits?
  • Were you partially at fault for the accident?
  • Did you delay medical treatment for injuries or fail to follow your doctor’s treatment recommendations?

The true value of your case will only crystallize once you’ve reached maximum medical improvement. A mistake some people make is to handle their personal injury claim on their own and rush into a settlement. Some injuries don’t fully reveal themselves for weeks or more. If you’ve already settled, compensation for future, related medical developments goes out the window.

How Types Of Accident Compensation Differ

Not all types of compensation are equally quantifiable. Property damage and medical bills are fairly straightforward. Pain and suffering, loss of enjoyment of activities/hobbies, and impact on a plaintiff’s relationship with their spouse (“loss of consortium”) are not.

If a plaintiff is deemed partially responsible for their injuries, that will be reflected in their settlement amount — for instance, 10% responsibility equals a 10% reduction in  compensation (“comparative negligence”). In a handful of states, even 1% plaintiff responsibility may disqualify them from receiving any compensation (“contributory negligence”).

If an at-fault party’s action or inaction was particularly egregious, a plaintiff may be awarded punitive damages on top of compensatory damages. Punitive damages are meant  to be a monetary gut punch to the defendant to deter similar conduct in the future.

Speak With a Peachtree City Accident Attorney

If you’ve been injured due to negligence, contact our office for the thoughtful, knowledgeable guidance you need to attain rightful compensation. You can call Jason Schultz at (404) 474-0804 or visit our contact page to fill out your information

Jason R. Schultz
Helping Georgia area residents with car accident, medical malpractice, and personal injury claims since 1991.