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Common Factors that Could Reduce Your Car Accident Compensation

While the victims are entitled to compensation in car accident cases, multiple factors come into play that can determine the amount you are entitled to. The settlement amounts differ from case to case, and you may need to understand the factors that can determine the amount of the claim so that you can maximize it. 

With claim adjusters and insurance companies constantly seeking to make profits and reduce your claim, reliable attorneys can help you prevent such attempts and educate you. The following factors influence the amount of compensation:

  • Severity of the Case

One of the primary and most influential factors is the severity of your injury, whether physical or mental. To prove the certainty of your liability, you may also be required to provide irrefutable evidence through your lawyer. The value of the compensation in a car accident requires careful investigation into how personal injury claims work and the multitude of factors that influence this, like the severity of the injury, the negligence of the driver, and the method of calculating compensations, which can lead you to decide between a lawsuit and a settlement claim. 

Life-threatening cases like Traumatic Brain Injuries (TBIs), spinal cord injuries, permanent amputations, broken bones, and other severe cases are given higher compensations than minor ones. In addition, you must also prove that the defendant caused the injury. As such, your recent social media photos, photographs of the incident, delayed medical attention, pre-existing injury proof, and alcohol abuse can be significant drawbacks to your claim.

  • Medical Treatment Costs

The cost of medical treatment is undoubtedly a crucial factor in determining the claim amount. However, it goes beyond just that. You may also have to present documents of pre-existing injuries to prove that the injury you suffered was not present before the incident. Costs include doctor visits, tests, medications, operations, invoice bills, etc. Delayed medical treatment is a crucial factor that can reduce the amount of compensation. 

For plaintiffs who don’t seek immediate medical attention, claim adjusters can pass it off as the “plaintiff’s negligence,” which made the injury worse than what happened. The fact that you followed professional medical advice as prescribed can also be a significant factor that can reduce the compensation amount. The reliability of the doctor is also an essential subfactor that plays a significant role in the case. A reliable doctor can influence the accuracy of your diagnosis and medical records. 

  • Financial Losses

One of the most forgettable compensation factors is losing the ability to work. Permanent disability cases will also consider the amount you lost because of the injury and the amount you could have earned if it wasn’t for the defendant’s negligence. A reliable attorney can calculate these losses and present you with the right amount. 

This factor is forgettable because it includes non-monetary costs like psychological pain and suffering, loss of consortium (in the case of wrongful death), mental distress, and punitive damages that must be awarded. 

  • Your Age & Prior Injuries

The younger you are, the greater the impact of the injury, and thus, more compensation. There have been historical incidents where people have been falsely accused of injuries that existed prior to the accident. Therefore, you are required to prove injuries that existed before the accident. 

Claim adjusters do so to limit the value of your claim by passing it off as “an addition to a prior injury,” and it is not severe. Additionally, a history of drug or alcohol abuse can also be a great barrier to obtaining compensation. They might weaken your claim and arguments during those allegations. The right attorney can defend you against those allegations. 

  • Conclusion

Understanding these factors can increase your chances of claiming compensation and help you maximize the amount by compensating for psychological pain, suffering, and other non-economic damages. 

Knowing these factors can help your attorney better understand your position and state of mind so that they can effectively and professionally present facts in the face of the law and calculate the right amount for your case. They can also guide you through complicated legal procedures and documentation so you are not overwhelmed by complexities.

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