Did you know that 92% of personal injury cases with severe injuries result in higher settlements? Personal injury claims arise from accidents and incidents, from car crashes to slip and fall accidents. When someone is injured due to the negligence of another party, they have the right to seek compensation for their damages.
However, the severity of the injury plays an important role in determining the outcome of a personal injury settlement. In this blog, we’ll explore how the severity of an injury affects the compensation a victim may receive. Remember that consulting an experienced personal injury lawyer for your case can also significantly improve your compensation value.
Types of Personal Injuries
Personal injuries can cause physical, emotional, and financial harm. Physical injuries are the most common types of claims in personal injury cases and can vary in severity.
For instance, minor bruises or sprains are less severe than traumatic brain or spinal cord injuries. When assessing a personal injury case, it’s also important to consider emotional distress and financial losses like medical bills and lost wages.
Factors Influencing Injury Severity
The severity of an injury varies due to several factors, making each case unique. It is essential to understand these factors when assessing the potential impact on a personal injury settlement:
- Type of Accident: The type of accident plays a significant role in determining the severity of injuries sustained. High-speed car accidents or falls from heights are more likely to lead to severe injuries than minor collisions or simple slips.
- Pre-existing Conditions: Existing health conditions can worsen injuries. For instance, someone with osteoporosis may experience more severe fractures if they fall.
- Age: Age can be a significant factor. Older individuals may be more susceptible to severe injuries due to reduced bone density and physical vulnerability.
Calculating Damages
In a personal injury case, damages are the financial compensation the victim seeks to cover their losses. These damages are categorized into economic and non-economic damages:
- Economic Damages: These are concrete, calculable losses, like medical bills, property damage, and lost wages. The severity of an injury directly impacts the amount of economic damage claimed.
- Non-economic Damages: When seeking compensation, non-economic damages refer to the intangible losses individuals experience as a result of an injury or accident. These losses may include physical pain, emotional distress, and a reduced ability to enjoy life. In cases involving severe injuries, non-economic damages are generally higher due to the long-lasting impact they have on a person’s overall well-being.
Mild vs. Severe Injuries
To better understand the relationship between injury severity and personal injury settlements, let’s compare mild and severe injuries:
- Mild Injuries: These injuries typically involve minor bruises, strains, or cuts. While they can be painful and inconvenient, they often result in lower settlement amounts.
- Severe Injuries: The impact of severe injuries, such as fractures, traumatic brain injuries, or paralysis, on a victim’s life is profound and long-lasting. As a result, these cases often lead to higher settlements to cover the ongoing medical expenses and compensate for the loss of quality of life.
Impact on Settlement Negotiations
Insurance companies play a paramount role in personal injury settlements. They assess the severity of an injury when determining compensation offers. Severe injuries often lead to higher settlement offers because insurance companies recognize the greater financial burden they place on victims.
Legal Representation
If you’ve suffered severe injuries, it’s crucial to hire a skilled personal injury attorney. These professionals can accurately evaluate the value of your claim, efficiently negotiate with insurance companies, and, if required, represent you in court to ensure you receive the rightful compensation you deserve.
Conclusion
The severity of an injury is a pivotal factor in personal injury settlements. It directly influences the amount of compensation sought, with more severe injuries leading to higher settlements.
If you or someone you know has experienced a personal injury, it is advisable to seek guidance from a competent attorney who can help ensure that you receive fair compensation for your damages. Having an understanding of how injury severity influences settlements is vital for effectively navigating the complexities involved in legal proceedings and achieving a favorable outcome.
