After getting injured as a result of another person’s negligent behavior, you will be eligible to file a personal injury claim and obtain compensation for your damages. But before filing a claim, you need to understand that there are certain factors that will affect the assessment of your personal injury adjustment.
If you are not aware of these factors, you should speak with Philadelphia Personal Injury Attorneys today and receive the much-needed information.
Here are the most important factors that will affect your personal injury case.
The Proof of Negligence
Without negligence, one cannot continue to file a claim. If there is no evidence supporting your claim, you will have to consult with your attorney, who will then hire a professional to deal with the problem. Once evidence is found, your attorney will be able to file a claim and help you obtain compensation for your:
- Medical bills
- Lost wages
- Pain and suffering
Keep in mind that without the proof of negligence, you will not have a case in hand.
Were You Careless?
When the accident occurred, were you not paying attention to your surroundings, or were you perhaps distracted by your smartphone or something else? If you were in any way careless, your total personal injury claim will be reduced based on the percentage of fault.
Note: In order to recover damages in a lawsuit based upon negligence, the person’s who caused the accident (the defendant) must be a case of your injury.
Calculating the Settlement
One of the most complicated parts of every personal injury claim is the calculation of one’s settlement. Different states have different rules and regulations; however, most states take similar things into consideration. Normally, the settlement is a mix between the claimant’s case value and the defense case value. If both the insurer and the injured person calculate the fair value of the case correctly, that will give the “right” amount that a person should settle for. Based on the injuries obtained, a case can be worth anywhere between $10,000 and $1,000,000 (less likely).
Additional Things That Are Taken Into Consideration
There are many other factors that are taken into consideration when your personal injury claim is assessed. Some factors are the following:
- Your pre-existing injuries
- Are you married?
- Did you take the ambulance to the hospital?
- Did you call 911?
- Did your doctor approve your injuries?
- Did you call your insurance company?
- Did you admit guilt?
- Did you sign or give a statement?
- Did you receive surgery?
- Did you take any photos or videos of the accident and your injuries?
- Do you wear glasses, hearing aids or contact lenses?
- Were you suffering from physical infirmity, disability or sickness at the time of the accident?
- What type of health insurance do you have?
Consult with Personal Injury Attorneys in Philadelphia to learn more about your rights following a car accident and find out what you should and can do to support your case in the best way possible.