If you’ve been personally injured, you might’ve considered seeking legal representation to get compensation for all the costs associated with your injury. Monetary compensation for injuries can range from hundreds of dollars to millions. It all depends on the type of injury, the costs of the injury, the circumstances surrounding the accident, etc. In this article, we are going to explore some of the things that can affect how much compensation you are eligible to receive for a personal injury case.
There are generally two types of damages in personal injury cases: Compensatory and Punitive. Compensatory damages are meant to help the injured person back into a pre-injury state, or as close as possible. These damages are usually commensurate with the number of costs related to physical damage, emotional stress, lost time, and even loss of enjoyment. The other type of damage, Punitive, is generally charged in addition to any compensatory damages. These apply when a defendant’s actions that resulted in the injury are particularly appalling. Overall, the number of damages that are charged greatly depends on the circumstances surrounding the incident of personal injury. More costly injuries with greater physical and emotional harm will typically receive more compensation than others.
Some plaintiff actions can actually decrease the amount of compensation they are eligible to receive. If you have been personally injured but were partially responsible in one of the following ways, you might lose some potential compensation. The legal concept that describes this situation is comparative or contributory negligence. If for example, you were involved in a car accident, but you failed to buckle your seatbelt, you would likely be considered partially responsible for any injuries that you sustained during your accident, particularly if the accident could’ve been prevented by use of a seatbelt. Furthermore, you could share liability in the costs of your injury if you failed to mitigate damages following the incident. If you have been personally injured but don’t take reasonable steps to mitigate the costs of that injury, like failing to visit a doctor, you might forego some potential reparations. It is important to note that even if you were in some way responsible for the incident or failed to respond accordingly, you might still be eligible for financial compensation. To be certain, you should contact a lawyer with any questions or concerns that you might have.
Another aspect that affects the value of your injury is the legal costs that will accrue if you seek legal recourse. Attorneys can be very expensive, and you might run the risk of suing without receiving any compensation.Read More