A personal injury case involves legal action pursued by an individual who has suffered harm, whether physical, emotional, or financial, due to the negligence or intentional actions of another party. These cases commonly arise from incidents such as car accidents, slip and falls, or medical malpractice. The injured party, known as the plaintiff, seeks compensation for their losses, including medical expenses, property damage, lost wages, and pain and suffering.
If you or someone you care about has suffered an injury due to the negligent actions of another party, you may be entitled to compensation for your damages. However, obtaining compensation in a personal injury case can be challenging, and several factors can influence the valuation of your claim. Contact a local personal injury attorney for help with your claim.
10 factors That Will Affect the Outcome of Your Personal Injury Case
There are several factors that affect the overall value and outcome of your personal injury case.
- Severity of the injuries. The seriousness of the injuries is a crucial determinant in the assessment of your personal injury case. Beyond just considering medical expenses, insurance providers and juries will evaluate the lasting impact of your injuries. Cases involving disabilities, scarring, or disfigurement typically result in higher claims compared to those with minor injuries.
- Property damage severity. Property damage, most commonly in cases involving vehicle accidents, is often a component of personal injury claims. The overall value of damaged property is considered in determining the total worth of the personal injury claim.
- Impact on employment. The ability to work again, and in what capacity, is a significant factor in personal injury compensation. In some cases, the injured party loses income during recovery, but is able to return to work at full capacity at some point. In other cases, the individual is no longer able to return to their previous work and must take a lower paying job. In the most severe situations, there is a total inability to work after the accident.
- Total medical expenses. One of the most significant factors in personal injury settlements is the cost of medical care required to treat the injuries sustained in the incident. These medical expenses can be very costly, depending on the severity of the injuries. Settling a personal injury case before reaching maximum medical improvement is not advisable – which is why there is a three-year statute of limitation in Washington State. Understanding the full extent of medical bills is crucial before agreeing to any settlement. Your personal injury lawyer will ensure that all medical expenses are accounted for.
- Insurance policy limits. Settlements in many personal injury cases involve insurance carriers. The total policy limit of the at-fault party’s insurance plays a pivotal role in determining the overall claim value. If the insurance coverage falls short of covering all losses, the victim may need to file a lawsuit to seek compensation directly from the at-fault party’s personal assets.
- Shared fault. Washington’s pure comparative negligence system allows an injured party to recover compensation even if they are partially at fault. However, the compensation amount is reduced based on the percentage of fault, impacting the total value of the personal injury claim.
- The skills of the personal injury lawyer. Some attorneys are very competent, some are just average, and some are sub-par. You should be very careful in hiring an attorney. The skill, experience, and ability of your attorney matters very much to the outcome of the case.
- Interaction with insurance carriers. How a victim communicates with insurance carriers can affect the overall compensation. Avoiding recorded statements and not divulging full medical records is crucial to preserving the value of the claim.
- Availability of evidence. Adequate evidence is essential in proving the claim’s value and the other party’s liability. Insufficient evidence may hinder the injured party’s chances of receiving fair compensation.
- Jurisdiction of lawsuit. The location where a lawsuit is filed can affect the claim’s value. There are certain jurisdictions in Washington that are much more plaintiff-friendly, potentially influencing the chances of a fair out-of-court settlement.
- Precedent in similar cases. Courts often rely on precedent to expedite cases. Past verdicts and similar personal injury cases can influence a judge or jury, shaping their decision in ongoing cases.
Contact a personal injury lawyer today!
An accident lawyer can help you recover a full and fair settlement for the injuries you sustained in an accident caused by the negligence of another with no up-front costs to you. We know the sneaky strategies used by insurance companies to get injured people to agree to settlements far below what they are worth. Our clients typically end up with a settlement or jury award that is five to ten times larger than they could have negotiated on their own. We have been representing injured people injured in Whatcom County, Skagit County, Island County and Snohomish County since 1979. Contact the experienced and hard-working personal injury lawyers at Tario & Associates, P.S. in Mount Vernon, WA today for a FREE consultation!
