Filing a personal injury claim is not a legal obligation, but a right that someone is entitled to when they are badly hurt because of someone else's negligence. There are many things that a personal injury lawyer will take into consideration to determine how your case will proceed; whether to go for litigation or negotiation. Either way, the lawyer chooses the best way that will compensate for the real value of the damage caused.
For instance, in the case of commercial trucking accidents causing personal injury, an attorney has to prove negligence to support the compensation claim. In other words, the lawyer will reconstruct the accident scene to demonstrate that the events of the accident were caused by negligence or avoidable carelessness.
So, what are some of the factors that affect personal injury claims? Well, they include but aren’t limited to the following:
- The severity of the injury
Hard injuries like spinal code damage and broken bones will definitely attract a huge compensation compared to light injuries. Moreover, minor injuries such as bruises may not attract compensation, or may not even need a lawyer even if compensation is involved. Permanent injuries also attract larger settlements so that the victims can be indemnified accordingly.
- Publicity
An insurance company may not be ready or somewhat willing to settle a claim, but not with negative publicity on its back. Moreover, high-level defendants such as big private hospitals and multinational companies cannot run the risk of bad publicity. In such instances, expect the compensation case to skyrocket and be settled within the shortest time possible. In fact, they would prefer to settle it out of court.
- Emotional and mental trauma
Emotional and mental trauma can be debilitating, and equally, cause great harm as physical injuries. However, to show evidence on emotional and mental trauma, you will need a certified psychologist to demonstrate the extent of long-lasting psychological effects that an accident leaves on a victim. A reasonable lawyer will handle this and take you to the necessary specialists.
- Costs of litigation
Lastly, the defendants and insurance firms would prefer to settle the claim instead of paying for costs of litigation that almost surpasses the initial amount asked by the victim's lawyer. In fact, if a compensation claim is complex and has many material witnesses, the defendant may decide to settle for higher compensation to wind up the case quickly. A reasonable lawyer will advise a defendant to cut up a deal instead of risking higher defence costs. However, the downside of it is that it can play either way, and the victim forced to pocket lowball compensation instead of what they truly deserve. For instance, if the defendant doesn't have the capacity and resources of running high-calibre compensation claims, he may be shortchanged. That is why it is always imperative to hire an experienced personal injury attorney.
Finally, don't give up on a case without having the input of a lawyer. Lawyers have been in the game for a very long time, and they'll know where exactly to punch or seal holes. Justice should be served to everyone deserving it!
