In personal injury cases, one of the biggest factors in determining the gravity and value of the case is the nature of your injury. A cut on your leg isn’t going to bring the same case value as a broken femur, and broken femurs heal with relative simplicity, while other injuries may not. Different injuries, in the eyes of the court, will entitle you to a larger or smaller award at the conclusion of the case. Let’s break down just how this works and how your type of injury could be viewed in the eyes of the court.
Injury Severity and Permanence
If your injury is relatively healing quickly, there won’t be a lot of room to seek damages for lost income or long-term disability. The value of a case is determined by the consequences caused by your injury, as well as the pain and suffering you went through because of this injury.
Permanence is another large part of determining a personal injury case’s value. If your injury has rendered you permanently disabled, or causes long-term pain or discomfort, you’ll be entitled to seek greater damages than a broken arm or a sprained ankle.
How the Injury Occurred
Another huge factor determining the value of the case is how the injury occurred, and whether or not the defendant is partially or totally at fault. Comparative negligence is negligence on the part of the person who was injured. If John Doe walks into an uncovered manhole that had large, clear, illuminated signs indicating its presence, he was negligent and will shoulder most, if not all of the fault in the case.
As we touched on previously, the case value is determined by the damages you can seek legal reparation for. Damages are basically any factors that are detrimental to your economic situation or quality of life and are a direct result of the injury. Here are a few common damages that are sought in personal injury cases:
- Medical expenses
- Pain and suffering
- Mental anguish
- Lost wages from work
- Disability/loss of quality of life
- And more
The bottom line is: not all personal injury cases are created equally. The severity of the injury, the permanence of the injury, damages caused as a direct result of the injury, the possibility of comparative negligence – these, as well as many other factors, will determine the outcome of your case.
Have further questions? Call our team of legal experts today for more information.