What Impacts the Compensation I Can Receive for a Personal Injury?
Personal injury compensation is intended to provide financial recovery for those who have been harmed due to the negligence or wrongful actions of another party. The amount of compensation awarded in a personal injury case varies based on several factors, including the severity of injuries, medical expenses, lost wages, pain and suffering, and other damages.
Understanding what influences compensation can help you assess your legal options and expectations following an injury. Here's what you need to know about what can impact your compensation when you file a personal injury claim with us.
1. Nature and Severity of Injuries
The extent and severity of injuries sustained in an accident play a significant role in determining the compensation amount you may receive. Key factors include:
Medical Treatment: The type and duration of medical treatment required, including hospitalization, surgeries, rehabilitation, and ongoing care
Long-Term Effects: Permanent disabilities, impairments, or chronic conditions resulting from the injury
Prognosis: Medical opinions regarding the long-term prognosis and future medical needs
Personal injuries can range from minor to severe and can have long-term consequences for your health and well-being. Here are some of the most common injuries that people experience in personal injury claims:
Soft Tissue Injuries
Whiplash is common in motor vehicle accidents and occurs due to the sudden back-and-forth movement of the neck, which results in neck pain, stiffness, and headaches. Sprains and strains to ligaments or muscles/tendons are also common.
Fractures and Broken Bones
Fractures and broken bones are also a common result of car and truck accidents. Common fractures include those in the wrist, ankle, arm, leg, and ribs.
Head and Brain Injuries
Mild Traumatic Brain Injuries (TBIs) like concussions commonly occur in car accidents, falls, or sports injuries, causing headaches, dizziness, cognitive difficulties, and sensitivity to light or noise. TBIs are more severe and can lead to cognitive impairments, memory loss, speech difficulties, and long-term neurological deficits.
Spinal Cord Injuries
Injuries to the spinal cord can result in partial or complete paralysis, affecting mobility and sensory functions below the injury site. Disc herniation or bulging discs in the spine can cause pain, numbness, and weakness in the back, neck, or limbs.
Internal Injuries
Blunt force trauma or penetrating injuries can damage internal organs such as the liver, kidneys, spleen, or lungs, potentially leading to internal bleeding and requiring surgical intervention.
Psychological and Emotional Injuries
Not all personal injuries after an accident are physical. Witnessing or experiencing a traumatic event, such as a serious accident or assault, can lead to PTSD, characterized by flashbacks, nightmares, anxiety, and emotional distress. Chronic pain, disability, or significant life changes resulting from injuries can also contribute to depression, anxiety disorders, and adjustment difficulties. As your personal injury attorneys, our team at the Law Offices of James Crosby can help you file your claim so you can receive the compensation you deserve to cover the costs of therapy appointments and other mental health treatment that may be necessary after your accident.
Amputations and Loss of Limb Function
Severe accidents, particularly those involving high-impact collisions, can result in the loss of limbs or the need for surgical amputation.
Vision or Hearing Loss
Trauma to the eye can cause vision impairment or loss. Exposure to loud noise or traumatic events can also lead to partial or complete hearing loss.
Chronic Pain Conditions
Following trauma or injury, Complex Regional Pain Syndrome (CRPS) can lead to severe, persistent pain, swelling, and changes in skin temperature and color.
These are just a few of the types of physical and mental effects that can be caused by a personal injury. As your Murrysville, PA personal injury attorneys, our legal team is dedicated to helping you receive the compensation you need after your accident, whether your injuries were minor or severe.
2. Medical Expenses
Compensation typically covers current medical expenses incurred as a result of your injury, including emergency room visits, surgeries, medications, and doctor's appointments. Anticipated future medical expenses, such as rehabilitation, therapy, and ongoing medical care are also factored into compensation calculations.
3. Lost Income and Earning Capacity
Compensation includes reimbursement for lost wages due to time taken off work during recovery. This may also include lost bonuses, commissions, and other financial benefits. If the injury affects the individual's ability to work in the future, compensation may account for reduced earning capacity or disability in the job market.
4. Pain and Suffering
Pain and suffering, emotional distress, and loss of enjoyment of life are considered non-economic damages. Compensation for these subjective harms is determined based on the severity and impact of the injury on the individual's quality of life. Psychological effects such as anxiety, depression, PTSD, and emotional trauma resulting from the injury are also taken into account.
5. Loss of Consortium and Quality of Life
Spouses or family members may receive compensation for loss of companionship, affection, and support due to the injured person's condition. Changes in lifestyle, hobbies, and activities resulting from the injury are considered when assessing compensation for diminished quality of life.
6. Liability and Comparative Fault
Compensation may be influenced by the degree of liability attributed to each party involved in the accident. States like Pennsylvania follow modified comparative negligence rules where plaintiffs assigned at fault beyond a given percentage aren't able to recover monetary damages, as reported by Investopedia.
7. Insurance Coverage and Policy Limits
The amount of compensation available may be limited by the insurance policies of the at-fault party. In cases involving uninsured or underinsured motorists, compensation may also be influenced by the availability of the injured person's own insurance coverage.
8. Negotiation Skills and Legal Representation
The skills and experience of the personal injury attorneys representing you can also impact the outcome of negotiations and litigation. In our experience, many personal injury cases are resolved through settlement negotiations. The negotiation skills of our personal injury attorneys and the strength of the evidence presented can affect the settlement amount. Contact our Murrysville, PA legal team today to learn more about how we can help. Our experienced attorneys can effectively advocate for maximum compensation.
9. Statutory Limits and Legal Constraints
The statute of limitations varies by state and can impact the ability to seek compensation. Failing to file within the statute of limitations may bar the claim. According to the PA General Assembly, the statute of limitations in Pennsylvania is two years.
10. Trial Verdicts and Precedents
In cases that go to trial, jury verdicts can result in significant compensation awards based on the evidence presented, the persuasive arguments of your personal injury attorneys, and the jurors' assessment of damages. Legal precedents set in similar cases can influence the amount of compensation awarded. Courts may consider previous rulings and settlements as benchmarks for determining appropriate compensation.
Pennsylvania has specific laws and regulations that can impact personal injury compensation. These laws cover various aspects of personal injury claims, including the statute of limitations, fault determination, insurance requirements, and damage caps. Understanding these laws is crucial for individuals involved in accidents or incidents. Some key Pennsylvania laws and regulations that may impact your compensation include:
Discovery Rule
Pennsylvania follows the discovery rule in certain personal injury cases. This rule extends the statute of limitations if the injury isn't immediately apparent or if it develops over time. Under the discovery rule, the statute of limitations may start from the date the injury was discovered or should have been discovered.
No-Fault Insurance System
Pennsylvania operates under a no-fault insurance system, but drivers have the option to choose between limited tort and full tort coverage. Choosing limited tort can limit the right to sue for non-economic damages (such as pain and suffering) unless the injuries meet certain criteria (e.g. severe injuries). Choosing full tort allows individuals to retain the right to sue for all types of damages without restrictions.
Dram Shop Laws
Pennsylvania’s dram shop laws allow individuals injured by intoxicated persons to hold alcohol vendors liable under certain circumstances. For example, if a vendor knowingly serves alcohol to a visibly intoxicated person who subsequently causes an accident, the vendor may be held responsible for resulting injuries.
Contact Our Personal Injury Attorneys
The compensation that you can receive for a personal injury is influenced by a variety of factors, including the nature and severity of your injuries, medical expenses, lost income, pain and suffering, liability, insurance coverage, and legal representation. Each case is unique, and understanding these factors is essential for tackling the challenges of personal injury claims.
If you're in need of experienced and professional personal injury attorneys, don't hesitate to reach out to our team at the Law Offices of James Crosby today. We serve Murrysville as well as Harrison City, Greensburg, Latrobe, and Westmoreland County. Contact us today to schedule a consultation.