5 Factors Taken Into Account That Affect A Personal Injury Verdict

By | March 9, 2017

There are times when a person sues for a personal injury and is awarded ridiculous amount of money and then others when someone is not compensated fairly at all. Unfortunately, when it comes to personal injury lawsuits there is not always black and white but a lot of gray areas, especially if the case goes to trial.

The objective of any personal injury suit is to receive fair compensation to correct what has been done to someone or to pay for damages that are either in the past or can potentially affect someone’s life in the future. That is why it is so important for those involved in a personal injury suit to understand the various factors that influence the final verdict. If you have been the victim of negligence or have sustained injuries due to someone or something else, then it is very critical that you know these five things that can determine whether you receive the money you deserve.

1 The type of injuries you sustain

One of the biggest factors in any personal injury case is going to be the type and severity of the injuries that a person sustains. In general, the more severe and long-term an injury is, the more the person will be compensated. Because take it from the West Coast Trial Lawyers, more serious injuries often lead to the need for medical care over a longer period and sometimes result in permanent disabilities that can alter a person’s capacity to work, they often come with a higher settlement.

If you are injured due to negligence, then it is imperative that you have specific proof of your injuries and the impact that they have not just on your past and present, but also any financial impact they will have on your future.

2 Pre-existing injuries

Many insurance companies will try to find pre-existing conditions that can be at cause for your injury. Any weakness or predisposition that you may have had prior to being injured will likely be introduced and can become a mitigating factor in your case. If you have a condition that could have potentially made your injury worse, it will probably be entered in as evidence. The reason is so that the defense can shift the blame to your previous condition instead of taking full responsibility.

Make sure to address and document any pre-existing conditions. The fact is that if you weren’t injured by the personal injury case, then the condition would not have been made worse. Having your physician document and separate out pre-existing conditions is a critical component to your case.

3 Location, location, location

If you are injured in a more “liberal ” state or area, you may be more likely to receive more compensation than in more conservative areas. This is a symptom of a mindset; there is really nothing that you can do to alter this factor.

4 How much the jury “likes” you

In any case, likeability is a factor. The justice system is supposed to be blind, but unfortunately, that is not always the case 100% of the time. If you are a likable person, you are probably going to receive more compensation. The jury will want to make things right for you if they like you, because they will have more sympathy for you and your situation.

5 The person who represents you

Having representation that knows the law and how to put together the best case is critical for you to receive fair compensation for your injuries. Getting the right lawyer can have a huge bearing on how much you will be awarded. Not only is it important that the jury likes you, but they must also like the person who is defending your case. That is why sometimes it is worth it to shop around and find someone who has the most experience and an excellent reputation in the personal injury field.

Many things determine the compensation awarded in a personal injury case. The best thing you can do to receive fair compensation is to consider all factors, have the correct documentation and be sure that whoever you have in your corner knows how to present the best case to the jury. Since there is no magic mathematical equation, personal injury juries are sometimes left to their own devices, which can sometimes hurt and sometimes help — depending on whether you take the right steps.

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