People file a personal injury claim when they are hurt due to someone’s negligence. By hiring a lawyer to help with their personal injury claim, they can recover the losses they incurred as a result of the accident.
The following are some of the losses a victim can recover in a personal injury claim:
- Medical bills
- Property repair costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Loss of consortium
- Reputation loss
- Loss of quality of life
However, to recover these losses, you need to prove the four elements of personal injury law, which are:
- Duty of care
- Breach of duty of care
You will need substantial evidence, such as medical bills and witness statements, to prove the four elements of personal injury law.
Many factors can influence the outcome of a personal injury claim. Knowing the common factors that have an effect on your claim can help your case. The following are the 6 most common factors that can have an impact on your case:
- The severity of your injuries
- Your share of liability
- Property damages
- Non-economic losses
- Social media activity
The Severity of Your Injuries
The compensation you receive will be equivalent to the losses you have incurred. So the more severe your injuries are, the greater the compensation will be.
A severe injury means you feel more pain and will be out of work for a long time. These losses will be considered when calculating compensation. The number of days you missed work and lost wages will be compensated.
To calculate non-economic losses like pain and suffering, your lawyer will either use the per-diem method or the multiplier method.
Your Share of Liability
Your share of liability can have a significant impact on your case, depending on the state you live in.
There are three types of negligence rules:
- Pure comparative negligence
- Modified comparative negligence
- Contributory negligence
- Pure comparative negligence: The victim can claim compensation even if they are mostly at fault for the accident. But the compensation will be reduced based on their contribution to the accident.
- Modified comparative negligence: The victim cannot claim compensation if they are more than 50% responsible for the accident. Other than that, the rule is similar to pure comparative negligence.
- Contributory negligence: The victim cannot file a claim even if they are 1% responsible for the accident.
If the accident has caused damage to any of your property, you can recover the money required to repair that property too.
Property damages can increase the compensation you receive significantly. Property repair costs come under economic losses, and they are fairly easy to compute.
You can easily calculate your property damage losses by collecting all the bills you receive for the repair.
Non-economic losses are a big part of personal injury cases. You will get compensation for the mental pain you go through as a result of the accident. Losses like loss of companionship and reputation loss come under non-economic losses.
Non-economic losses can be calculated using the per-diem method or multiplier method.
Social Media Activity
Yes, social media can have an impact on your case. Insurance companies will be on the hunt to find anything they can to use against you. If you post on social media, you just make it easier for them.
For instance, if you post a picture of yourself enjoying life, insurance companies may claim that your injuries are not as severe as your claim. Discussing your case on social media can also hurt it.
Without evidence, you will not be able to prove your case. Below is a list of evidence you need to collect to prove your case:
- Witness statements
- Photos and videos of the accident scene
- Medical bills
- Property repair bills
Evidence has a great impact on your case since it can prove the elements of personal injury law.
If you are hurt due to someone’s negligence, it is best to hire a lawyer and let them handle it. Your lawyer knows what is good for your case and what is not. They can help you obtain fair compensation.