The amount of people injured during a year is staggering. In 2018 the total number of injuries requiring medical attention was 46.5 million. About 1 in 7 people are injured during a year. For more on these stats visit the Injury Facts website. A victim may be entitled to compensation.
Three factors determine the strength of a personal injury case.
Was the injury caused due to negligence of a third party? This, for the most part, is straight forward. There may be hidden aspects only an experienced lawyer will investigate and be able to uncover.
The next two factors determine the settlement value and the strength of the case. These factors are subjective and require legal expertise to find the appropriate settlement. Visit the Larmoyeux and Bone Trial Lawyers website for more information (they are a west palm beach personal injury attorney).
The second factor determines the amount the injured party can expect to receive. Consider to what degree the injured and negligent party are responsible for causing the incident. If all things being equal, could a reasonable person have avoided the incident? Or could a reasonable person have foreseen that this injury could have occurred?
It is important to obtain medical advice after an accident as a record of the incident and to confirm the victim is medically fit. Latent symptoms may develop this article 7 delayed injury symptoms after a car crash, lists symptoms that may occur.
The total cost (financial and pain and suffering) of the claim is calculated. The injured party may claim the value equal to the degree of guilt of the negligent party. I.e. if the negligent party is found to be 75% guilty, the injured party can expect 75% of the value of the claim.
The third factor will assign a monetary value to the incident. This, at first glance, may appear obvious but there are aspects for consideration.
Fair settlement includes the financial costs, that comprise of the cost of repairs, medical, and loss of income incurred by the injured party. Physical pain and suffering felt at the time of the incident; psychological problems stemming from it, and the discomfort and limitation(s) experienced during the recovery period. This may extend to expected future pain and suffering.
Emotional pain and suffering
Emotional and mental suffering may result in PTSD or other mental conditions related to trauma that requires psychological assistance. To gain insight into this topic read this article Burden of trauma and PTSD in young British people revealed – new research.
Proving mental anguish takes planning. Keep receipts issued by treating doctors. All other medical and non-medical help acquired to assist the injured party.
The injured party will need to recall the events of the incident and account for the pain both emotional and physical felt during the recovery period. Keep detailed journals of the experience to review later in preparation for trial or mediation.
Together these factors create the validity and the financial compensation that the victim of a personal injury accident is entitled to.
This article does not necessarily reflect the opinions of the editors or management of EconoTimes


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