Nature, Extent, and Duration of Injury
In a personal injury case, the most important factors which determine the amount of damages awarded to the injured person are the nature, extent, and duration of the injury or injuries. A severe case involving skeletal, ligament, or nerve trauma is more apt to qualify for greater compensation than a minor case of whiplash or back strain, painful as the latter conditions might be.
Furthermore, severe injuries are strongly supported by medical documentation such as X-rays and CAT scans, whereas some soft tissue injuries involving only muscle are difficult to detect by standard procedures. Other medical elements contributing to the viability of one’s personal injury case include the permanence of the injury as well as the extent of treatment required, such as surgical intervention and/or long-term rehabilitation.
Clearly, cases that can be supported by solid medical documentation have the potential for greater monetary damages to be awarded.
Defendant Liability
In a personal injury case, the defendant’s liability (or degree to which he or she is at fault) must be determined. If an individual is completely responsible for an injury suffered by another, the compensatory damages awarded to the victim will be the full amount requested. If, however, the victim is found to be partially at fault in the incident, the amount of damages awarded may be reduced. In some instances, there may be more than one viable defendant and damages may be assessed in proportion to each defendant’s culpability.
Comparative and Contributory Negligence
Comparative and contributory negligence are defenses available to mitigate the amount that a defendant may have to pay to a plaintiff for damages. Each of these defenses is based on an assessment of fault towards the plaintiff.
Credibility of the Parties
Another factor that may impact upon the value of your claim in a personal injury case is something known as “jury appeal.” This complex combination of personality elements is significant in determining the likelihood of receiving the damages to which you are entitled.
Characteristics that can help you win over a jury include being clear, detailed, and well-spoken in describing the events surrounding your case. Juries are also more apt to be convinced by statements that are supported by documented evidence in combination with a truthful, anecdotal recounting of the accident.
The jury’s perception of the defendant is also very important. If the defendant is viewed as untruthful or reckless or attempts to shirk responsibility for the accident, a jury is more likely to be sympathetic to the plaintiff’s side. A good attorney will always try to find inaccuracies in the defendant’s version of events to diminish his or her credibility as much as possible and increase the chances of a positive result.
Age of the Plaintiff
It is perhaps an unfortunate fact that the age of a plaintiff can demonstrably affect the amount of damages awarded in a personal injury case. The logic in the system lies in the understanding that a younger person who suffers a severe injury is subject to many more years of pain, suffering, and mental anguish than an older victim. The monetary loss to a younger person who has a greater number of wealth-building years ahead is also estimable.
Witness Testimony
The witnesses who testify on your behalf can greatly affect the outcome of your case. Ideally, a witness should be able to describe in detail the events of the accident to help establish liability on the part of the defendant. Witnesses whose purpose is to establish damages should be able to clearly describe the victim’s condition prior to the accident so as to fully delineate the change in quality of life that the victim has undergone.
It is essential that the witness be viewed as reliable by the jury. Since both the plaintiff and the defendant often rely on expert witnesses to support their cases, the plaintiff must be sure that the experts utilized on his or her behalf are very well-versed and highly-regarded in their respective fields.