You could be entitled to compensation if you’ve sustained a personal injury due to another person’s negligence or error. However, the exact amount of compensation you will receive following a personal injury is based on a wide variety of factors, and no two compensation claims are the same.
In this article, we will cover the various types of personal injuries for which you could file a compensation claim and the factors that influence the total amount of compensation you might receive if your claim is successful.
What is Classed as a Personal Injury?
The most common and well-known type of claimable personal injury is a slip-and-fall accident, where a person falls over and gets injured due to uncleaned spillages, loose cables, or wonky stairs. However, there are several different types of personal injuries, including:
- Slip-and-fall injuries
- Repetitive strain injuries
- Head injuries or traumatic brain injuries (TBIs)
- Injuries relating to harmful substances
- Medical malpractice injuries
- Electrical injuries
- Dog bites
- Car or truck accident injuries
- Pedestrian injuries
If you’re a victim of any of the above injuries or if somebody you know has passed away because of a person’s or group of people’s negligence (known as wrongful death), you could be in a position to take legal action. For this, you will need to contact one of the Lamber Goodnow Injury Lawyers in your area, who can work with you to create your case and resolve your issue with a fair payout.
When you file a compensation claim, your case will be assessed by a number of people, who will decide whether your claim is valid and, if so, how much you will receive for your injuries and losses.
Who Decides How Much You Will Receive in a Compensation Payout?
It’s not your personal injury lawyer who decides how much compensation you will receive for your claim. Although they will do everything in their power to maximize your compensation payout, it’s down to a variety of people to determine the final value of your settlement.
Here are some of the people or companies that may contribute to the decision about your final compensation:
- Courts and judges – if you decide to take your case to court, it’s a judge and jury that makes the final decision regarding your compensation settlement. This is most often the case with civil lawsuits.
- Mediators – a mediator may be required to provide an unbiased perspective if the parties involved in the personal injury claim are struggling to agree to a final settlement amount.
- Legal representatives – lawyers and other legal professionals are often involved in the negotiations for compensation payouts and will discuss the case with judges, insurers, and employers to maximize the payout amount for their clients.
- Insurance companies – insurance companies are a significant part of the conversation when it comes to compensation settlements because it’s usually them paying some or all of the final amount. They may cover the finances relating to personal and property damages following a personal injury.
- Government agencies – in some personal injury cases, government agencies may influence the compensation settlement decision. This is usually the case for workplace injuries or breaches that have led to personal injuries.
- Employers – if your personal injury occurs at work, your employer’s input will be required, and they may be liable for contributing to your compensation payout.
What Are the Main Factors That Influence Your Compensation Settlement?
As we mentioned briefly above, there are lots of different factors that influence the total amount of compensation you might receive when you file a personal injury claim. Let’s take a look at some of these factors.
The extent of your injuries
The severity and nature of your injuries play a significant role in the decision about your compensation payout. For obvious reasons, the worse your injuries, such as if your injuries have caused long-term disabilities and ongoing medical expenses, the more compensation you’re likely to get.
Your emotional trauma or distress
Compensation settlements also take into account the psychological components of personal injuries. Pain, suffering, and emotional distress can reduce your quality of life, which are important considerations in the final settlement decision.
The costs of your medical bills
A personal injury case can damage your financial situation. If you need to pay any medical bills for treatments or surgeries to resolve your injuries, your compensation settlement will take this into account.
It will also factor in future medical bills and rehabilitation costs if your injuries are chronic. Compensation may cover the costs of hospital stays, medications, surgeries, rehabilitation, and any medical devices you need to purchase.
Your wage and time taken off work
If you’ve had to take a significant amount of time off work, which has led to you missing out on wages and losing money, this may be factored into your compensation payment.
Future earning capacity is also a key factor. If your injuries will decrease your ability to earn more in the future, your compensation settlement may be higher.
Property damage includes damages to your vehicle or personal belongings. If you experience damage to your property during the incident, your final settlement figure will reflect this.
Liability and negligence
The degree of fault or negligence of the person or people responsible for your injuries is a crucial factor in determining what your final compensation amount ends up being. The settlement may be adjusted depending on the level of negligence and liability of the guilty party or parties.
Your chosen lawyer and their negotiation skills
Another factor that affects compensation settlement amounts is the associated lawyer’s negotiation skills. Hiring a lawyer with strong negotiation abilities could significantly increase your payout, as can a knowledgeable and renowned personal injury lawyer with a good network of contacts.
Your evidence and documentation of the accident that caused your injuries
More evidence often means a higher compensation agreement. Providing a lot of evidence to support your personal injury claim, such as medical records, police reports, witness statements, and surveillance footage, strengthens your case and helps to prove liability.