5 factors that can influence the value of your personal injury case

5 factors that can influence the value of your personal injury case

It can be difficult putting a value on someone’s health and well-being after an accident. There are many factors to consider. It is important to learn more about the factors that influence your case so you can do your part to ensure you receive the compensation you need and deserve.

1. The Severity of the Injury

Understandably so, the value of your personal injury case often times coincides with how injured you are. A severe brain injury will carry more value than bumps and bruises on your arm or leg. The more severe injuries often require more medical needs and can keep you off work for longer. The same applies for psychological and/or mental trauma.

2. Medical Treatment

The type of medical treatment and the frequency and length of time you attend treatment are also relevant factors. If you simply attend a few physiotherapy or chiropractic treatments then your claim will carry less value than if you were to attend the hospital or family doctor a number of different times. Ideally, you are attending all of these service providers throughout the course of your claim. The frequency at which you are attending the treatment matters as well. If you are regularly attending treatment your claim will carry more value because the insurance company will know that you really need the treatment.

3. Mitigating Damages

It is important that you follow doctors orders for treatment and home exercises. Failure to do so will result in a deduction in the value of your claim for failure to mitigate your damages. In the personal injury context this means that you are doing what you can (from a medical perspective) to get better. Sitting at home and not doing anything will not do your case any favours. You will often hear your lawyer ask you to follow up with your family doctor and treating practitioners and to follow through with their treatment recommendations. It is very important that you are diligent about this.

4. Immediacy of Medical Attention

As much as it is important that you get medical attention and treatment, it is also important that you get to that medical attention as soon as possible after an accident. Your first opportunity to get medical attention will be at the scene of the accident when the ambulance attendants arrive. It is important that you get checked out. Do not decline an ambulance. Let them take you to the hospital because you cannot be sure if you are OK. Going to the hospital and getting an x-ray can give you some reassurance that you are not injured. 

5. Missing Important Parts of your Life

This is an important part of your case. In order to successfully recover damages for pain and suffering in your lawsuit you, as the claimant. An example is difficulty working or time off work. Another example is becoming depending on others to do certain tasks. Most injuries limit a person’s independence to some degree. For some injuries, it can be for a month or two; for others, it can be years or a lifetime. If you find that you can no longer do the activities you used to do with ease, you should tell your lawyer so you can be compensated. It is especially important to tell your lawyer if you are paying someone else to assist you with things.

Be mindful of your lawyer’s recommendations. These important factors will strengthen your case and will give you a better chance of success in your personal injury lawsuit.