These are the factors that are considered for compensation in a personal injury claim
When a person is involved in a traffic accident caused by the negligence or recklessness of another person, he or she has the right to obtain compensation for damages. This compensation has the objective of helping the person cover all the expenses that have been derived from the accident, such as property damage, medical expenses for injuries, loss of income, etc.; and to help him/her recover the style and quality of life of the that he/she enjoyed before the event, as much as possible.
One of the common questions that clients have is about the amount they will be able to get for their compensation. Unfortunately, in personal injury lawsuits, there is no one-size-fits-all formula. The amount of compensation will depend on many factors and the particular circumstances of the person in question. Next, we will describe some of the things that the judge will take into account when setting a figure:
- The type and severity of the injuries. The more severe the injuries, the greater the compensation. This is because a severe injury usually takes longer to heal, changing people’s lives and causing pain and suffering. Severe injuries may require surgeries, rehabilitation and/or various treatments, preventing the victim from returning to work and generating income.
- Medical expenses. The costs of medical treatments and interventions will not be the same for all victims. Therefore, the amount of compensation should also cover all medical expenses incurred. In addition, this may consider costs for rehabilitation and psychological treatment.
- Lost wages. In many serious injuries, victims are unable to return to work, which results in lost wages. A calculation must be made of the wages that the person has not received within the compensation due to how disabling their injuries are.
- Loss of ability to generate income. In very severe cases, accident victims may be temporarily or permanently disabled, making it impossible for them to return to work fully or to return to the work activities they performed before the accident.
These and other factors should be taken into consideration when determining an amount. Talk to an experienced attorney in the area so they can advise you.