Personal injury cases are a lot more common than many people think. It’s estimated that one in five Americans have been involved in a personal injury case at some point during their lifetime.
If you or someone close to you has been injured somehow and you want to know what your legal rights are as a result, this article will provide some valuable information about six factors that can affect your personal injury case.
The Type of the Injury
The type of injury you have sustained is one of the main factors that can determine whether or not your case might be successful, and there is no reason to think it will be different in any state, the same as Georgia.
Not only must the injury cause pain, suffering, and distress (emotional and physical), but it must also directly impact either a person’s ability to do their job or live their everyday life.
If for example, you injure yourself at work, as stated by Cumming personal injury lawyer, even though your employer does not compensate you for lost wages and emotional suffering, there is a good chance that you will win your personal injury claim. Employers are responsible for providing safe working conditions and taking necessary precautions to prevent hazardous injuries from occurring in the workplace.
The Severity of the Injury
With regards to severity, there are two important measures: First, how many days were you required to stay in the hospital? The longer a victim stays in a hospital, the greater the chance that their personal injury case will be successful.
Second, how much money did your medical expenses amount to? In Georgia, it is often impossible to recover for non-economic damages such as pain and suffering from an insurance company because those types of damages are not measured by financial compensation.
Injury Related Fault
Even if there is obvious negligence or wrongdoing on the part of another party involved in your accident, this does not guarantee that you will win your personal injury case.
For example, even though a business owner should have known about dangers related to security protocols outside his establishment and could have done something to prevent a crime from occurring on his property, it is not enough to compensate you for your injuries.
There must be proof that the owner had a role in wrongful conduct and was directly responsible for what happened for him or her to be found liable and accountable in court.
If Your Injury Results in Permanent Damage
It is also very important whether or not the injury has caused permanent damage. Georgia personal injury lawyers know that damages can be divided into two types: economic and non-economic damages. Economic damages refer to all out-of-pocket expenses such as medical bills, lost wages, and property damage.
Non-economic damages refer to pain and suffering which we mentioned earlier cannot be compensated through an insurance claim unless the case goes before a jury (which does happen), but there must be proof of permanent damage.
Are There Pre Existing Conditions
While it is true that a preexisting condition can complicate your recovery and treatment, it does not necessarily mean you will lose your personal injury case. Even if the accident did contribute to deteriorating health for an existing condition, it may have been partly due to negligence on the part of another party involved in the accident.
To determine whether or not this was indeed negligence, your lawyer must investigate all aspects of medical history and reach a proper conclusion accordingly.
The financial status of the victim is one of the stressors in a personal injury case. Your financial standing can either help or hurt your case depending on what type of settlement you are hoping to receive, so this factor needs to be taken into account.
If you have no criminal or little background record and have never been involved with any legal issues that might affect how much compensation you will get, then there is a good chance that you will receive either full or partial reimbursement for your injuries.
Have in mind that some personal injury lawyers offer free consultations where they can estimate whether or not there is hope for winning your claim.
The type of injury, severity, whether or not there is another party at fault for the accident, and more are all vital factors that can affect your personal injury claim.
To ensure a positive outcome, be sure to work with a personal injury lawyer from the beginning.
Not only will they help you receive what is deserved after your accident, but they will also guide you through the complicated legal process and keep you informed about key decisions that may affect your case.