The Factors Determining the Amounts Awarded with Personal Injury Claims 


Many factors will determine the amount awarded for where a personal injury has resulted because of negligence someone else is responsible for. These factors will relate to how bad an injury sustained is, and so how permanent it is likely to be. Then earning potential will be considered for that individual, alongside the extra expense that is likely because of future care necessary in the worst-case scenarios. Each case will individually be assessed on its merits in the interest of awarding a fair settlement of damages. It is for personal injury lawyers and the employees of the law firm to ensure clients receive everything that they should, by law and by rights. Many will continue to suffer following an accident, and so need compensation that also takes this into account.

Type of Injury Sustained

The seriousness of the injury will be a factor in the level of damages awarded. A good guide is whether it is temporary, or permanent and so life-changing. Also, any pre-existing injuries and conditions will be taken into account in the settlement.

Each injury may be unique but it will carry with it the same thinking about how much the victim is now able to do unaided on a temporary or permanent basis when it comes to working and living.

Courts will use Judicial Studies Board Guidelines so that they can put various injuries into categories. These will include life-changing injuries that involve paralysis. The ability to no longer move an arm or leg will significantly impact a person’s ability to carry out the same job as they did before. They will also determine where the accident occurred, is this was in the workplace then you should hire a competent workplace injury attorney to best represent you in a court case if required, in order to get you the best settlement possible.

Some cases, such as a personal injury claim for a car accident, may never reach court, but instead, defendants and plaintiffs negotiate compensation as a structured settlement or lump sum payment. In cases like these, you should carefully consider the car accident payout options and discuss them with your lawyer before agreeing on a settlement.

Minor injures may receive a few thousand dollars, whereas a situation where someone suffers complete paralysis or significant brain injury as a result of another’s negligence may mean lump sums of many, many thousands of dollars being awarded to the injured person or their family.

A Sufferer’s Finances

It will need to be established just how much income might be lost because of someone being unable to work for a length of time. So, that will be determined by how much income they currently earn and would have been capable of earning in the future should the accident not have occurred. There will be an element of fact and projection to this calculation. Also, it will take on board the knowledge from past cases. It will matter how much an injury incapacitates someone and for what period into the future.

It may be that an injury allows someone to work but not to their previous capacity. This will affect their earning potential now and in the future. If someone has to change career because of an injury sustained from negligence, it could be the case that the new career they enter will not offer the same levels of income as before. In this instance, the damages awarded should take account of this and compensate the injured party correctly. Hiring a personal injury lawyer from will help the client fight for this.

Extra Care Required

In the most serious cases, it may be necessary to pay carers to look after someone. This will come at a significant cost to a family. This all has to be paid for by someone, and that someone should be those who the law thinks should be compensating for the negligence. This financial hit will be on top of the income already lost through an inability to sustain either a full or part-time job anymore. Medical reports will help here to prove what a person is now capable of doing. A personal injury lawyer will look to obtain these on a client’s behalf, with permission.

With caring staff might also come the need for lifting and support equipment that needs to be installed inside someone’s home to allow them to cope with life from now onwards. There might, for instance, need to be some supports fitted for that person to hold on to so that they can get in and out of a bath. It may extend to wheelchairs, ramps, and stairlifts, where a home has more than one floor. The compensation should allow the person to live their life as close as possible to how they did before, give or take a few adaptations. It is these adaptations that will cost money and not have needed to be paid for before the accident.

In conclusion, awards for personal injury claims will need to take account of the levels of injuries sustained by sufferers of accidents of negligence, as much as the finances lost and the extra expenses then payable. It will very much depend on how long injuries will last, which may be a lifetime. So, you can only imagine how high the payment would be in this case. It is something that a personal injury lawyer will insist upon.