As the fastest-growing city in Fulton County, Alpharetta has busy roads due to heavy traffic. Unfortunately, this also means that accidents are common and often result in serious injuries or fatalities.
If you have been involved in an accident that was not your fault, you have the right to get compensation for your injuries and damages. It is important to consult Alpharetta’s personal injury lawyers. However, there are many factors that can influence the compensation in your personal injury claim.
In this article, we will discuss some of the important factors.
The Severity of the Injuries
The severity of the victim’s injuries is one of the main factors that can impact compensation in a personal injury claim.
For example, if a plaintiff has sustained severe injuries, they can claim higher compensation. This is because severe injuries tend to cause more pain and suffering, require more medical treatment, and result in more long-term consequences, such as disfigurement, disability, or reduced quality of life.
A person who suffers a traumatic brain injury may be entitled to more compensation than a person who suffers a sprain or a few bruises.
Property Damage Expenses
The amount of property damage that the victim incurred as a result of the accident can also affect the compensation in a personal injury claim. Property damage can include damage to the victim’s vehicle or any other personal belongings.
Property damage expenses can be easily calculated by using receipts, invoices, or repair estimates. They can increase the value of a personal injury claim by adding to the economic damages that the plaintiff can recover.
The loss of income that the victim experiences due to their inability to work or reduced earning capacity also matters. Lost earnings can include past, present, and future wages, benefits, or any other form of income that the victim would have earned if they had not been harmed.
Lost earnings can be proven by using pay stubs, employment records, or expert testimony. Moreover, lost earnings can increase the value of a personal injury claim by adding to the economic damages that the victim can recover.
Contribution of Fault
If the victim is somehow responsible for the accident, then it can impact compensation in a personal injury claim.
In a few states, if a person is found responsible for an accident, their compensation will be reduced by the percentage of their fault. This is known as comparative negligence.
For example, if the victim is found to be 30% responsible for the accident, their compensation will be reduced by 30%.
In other states, if the plaintiff is found to be more than 50% at fault for the accident, they will not be able to recover any compensation at all. The degree of fault is usually determined by the evidence and the law.
Insurance Policy Limits
The limit of the insurance policy that covers the defendant can also impact compensation. In most cases, the defendant’s insurance company will be the one that pays the compensation to the victim. However, the insurance company will only pay up to the limit of the policy that the defendant has purchased. If the victim’s damages exceed the policy limit, the victim will not be able to recover the full amount of their compensation from the insurance company.
The victim can seek additional compensation from the defendant’s personal assets, which can be difficult or impossible to obtain. The limit of the insurance policy is usually disclosed by the insurance company during settlement negotiations.
Keep in mind that these factors can differ based on the applicable laws of each state and the specific circumstances of each case.
It is advisable to get assistance from an experienced personal injury attorney who can evaluate your case and help you get the maximum compensation.