Every person’s situation is unique, so we cannot throw a number out there for how much compensation you will receive for your permanent injury, but we can explain the issues that will impact your financial recovery. These are the top five factors that will affect the value of your claim:
1. How Severe is Your Injury?
The severity of your injury will, in part, determine the amount of compensation you will receive. Having a mangled leg, for example, will get you a higher settlement than a sprained ankle. With significant injuries come high medical bills. The insurance claims adjuster and your lawyer will use your medical bills as one part of the equation when calculating your settlement amount. Lost wages are another facet of the settlement determination. When you have a severe injury, you are more likely to have lost a significant amount of income while you were undergoing treatment and recuperating.
2. How Extensive Were Your Medical Treatments?
An accident victim who has to endure multiple surgeries, for example, to correct the harm done will justify a higher award of damages than someone who is fortunate enough to recover entirely without the need for invasive treatments. The reasoning is that the insurance company knows a jury would have great sympathy for someone who had to go through extensive medical procedures, and it would be generous with its award.
3. What is the Level of Your Impairment from the Permanent Injury?
Some people recover entirely from their injuries and can go back to their lives as if nothing happened. Others, sadly, will have to adjust to a different future because their lives will no longer be the same. There is a wide spectrum of possible levels of impairment between these two points. Where your situation falls along the range will be a factor in the amount of your injury settlement.
4. How Does the Permanent Injury Impact Your Life?
A permanent injury can affect your life in many ways. These issues include:
- Your ability to work and support yourself and your family. If your injury prevents you from being able to work and maintain gainful employment, you should get compensation for this financial loss.
- Ongoing medical treatment. If you have to undergo continuing medical treatments because of your injuries, your settlement should include these damages. For example, if you have to be on kidney dialysis treatments for the rest of your life because of internal injuries, your financial recovery should include some damages for this harm to you.
- Chronic pain. Many injuries leave behind chronic paineven after the wound heals. Scar tissue, adhesions, contractures and other aspects of your wounds can cause you long-term or permanent discomfort.
- Are there any activities or functionsyou can no longer perform because of the injury? Do you need assistance with the ordinary tasks of daily living? The loss of your contribution of services to your family, such as cooking, maintaining the household, and raising the children, are real losses, especially if you have to hire someone to help perform these tasks now.
- Andthen other items matter in your life but are hard to quantify. These can include things like disfigurement, depression, post-traumatic stress disorder (PTSD), and loss of enjoyment of life. Make sure your lawyer is aware if you are going through any of these essential factors.
5. How Does the Injury Impact Your Spouse or Significant Other’s Life?
When you sustain a life-changing injury, it also affects the people close to you. Loss of consortium is a type of damages that your spouse or significant other can get for the damage your injury did to your relationship.
At the Montero Law Center, we will be happy to evaluate your injury claim at no cost to you. Please call us at 954-767-6500, so we can help you.