Personal injury lawyers handle a wide range of cases including motor vehicle accidents, slip and fall accidents, defective product cases and even medical or dental malpractice cases. But even if your case is pretty clear cut, there are things that can impact the outcome of your case.
Here are four items that can influence the decision when it comes to how much compensation you may receive:
1. The nature of your injuries and how significant they are.
Did your injuries affect your life and employment? If you’re not able to work because of your injuries, this will have some weight in deciding the level of compensation available to you. Injuries can be physical or psychological, meaning you don’t have to have broken bones to be eligible. Brain injury, memory loss or other types of cognitive injuries are also considered when looking at personal injury claims.
2. Is there medical evidence to support your claims?
If you’ve been injured, you’re going to need medical evidence to substantiate your claim. Doctor’s records detailing your injuries are important as they provide information about the exact nature of the injuries, the treatment options available to you and the prognosis for your recovery. They also include information relating to any pre-existing conditions which can impact the level of compensation you may receive.
3. Were you doing something that could have made the injuries worse?
If you’re involved in a motor vehicle accident, were you wearing a seatbelt? If not, this can potentially be viewed in a negative light as your injuries may have been less severe if you had been wearing it. Or if your doctor has provided a treatment plan and you ignore it, you may be entitled to less compensation as you haven’t done everything you can to recover from the accident.
4. Did the person who injured you, owe you a duty of care?
This means, were they required to act reasonably to prevent harm to other people. If they failed to act in a reasonable way and an injury resulted from this failure to act reasonably, then you may have a claim for compensation. Negligence, such as when someone fails to clear snow from their sidewalk which then causes you to slip and fall, is a fundamental part of your claim. If you can prove the person failed to act reasonably by not clearing the snow, then your claim may be viewed more favorably.
Whatever type of personal injury case you may be involved in, talk to a personal injury lawyer as soon as possible after your injury. They can provide information about your case and what, if anything, they can do to assist you. You may be entitled to lost wages due to your injuries, medical expenses and pain and suffering.