When you are involved in a fall, a car accident or any other accident that lead to an injury, it is essential to have the damages evaluated immediately. Of course, this follows after the injury has been attended to medically. Assessing these damages and quantifying them could be easy or difficult depending on the situation. Due to the complexity of most cases, it is vital to have an experienced Dallas personal injury attorney by your side to help you handle the case. If you or your loved ones are involved in this kind of a situation, here are some of the ways in which damages are weighed.
Lost Income
A personal injury claim is considered valid if the plaintiff demonstrates loss of income or physical abilities due to the injury. Commonly referred to as “loss of earning capacity,” this consideration not only restricts to the loss of a salary but also any other income sources that have been affected due to the injury. It also takes into account incomes lost presently and those expected to be lost in the future as long as they are linked to the injury. If the accident left an individual without a limb, mentally disabled, traumatized beyond immediate recovery or suffering from other impairments, they would be considered before the law for rightful compensation. An experienced personal injury attorney will understand what steps you need to take to properly document and also explain what lost income you may have.
Medical Treatment Costs
If investigations conducted reveal that the plaintiff suffered an injury caused by another party’s negligence, he or she deserves compensation. In this case, the cost of medical treatments will be put into account when determining the compensation amount. The cost is included after all treatments are complete and medical records of the recovery process presented to the court. You should, therefore, keep up with treatments as per the doctor’s instructions as you wait for your attorney to present your case in court. Your compensation value may be affected if you fail to seek medical treatment immediately after an accident. A personal injury attorney will be able to provide the necessary information of what you should and should not be doing when it comes to your injury case.
Physical Injuries
Physical injuries sustained from accidents are the most apparent. However, the court will factor specific determinants into the compensation formula when considering your case. The nature of injury may determine your compensation value based on the extent of the injury, the cause of injury and the impact caused. If you are found to have caused the physical injuries intentionally or knowingly, you are likely to lose all rights to the claim.
Pain, Trauma And Suffering
While it is easy to assess physical damages, trauma and pain cannot be quantified by looking into medical records and other pieces of evidence. Such cases are normally complex and require the guidance of an experienced personal injury attorney to sail through. To properly evaluate damages caused, a lawyer will often depend on the testimony of psychiatrist or other medical experts as well as close family members or friends of the client. They must show how the accident limited the individual’s ability to work, reduced their quality of life or tampered with their ability to think. Depending on how well the case will be represented in court, the victim may be awarded an additional amount of money.
Your Role In The Injury
While you may be severely injured, this does not guarantee outright compensation. The court has to look into the case to find out if you played a role in causing the accident. For instance, if you got injured while not wearing your seatbelt, your compensation value will significantly reduce. It is essential to have a personal injury attorney to guide you through every detail and forecast if you stand a chance of being compensated.
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