Thursday, November 21, 2024

3 Important Factors Considered in a Personal Injury Case

Personal injury cases can vary from slip and fall accidents to dog bites or car accidents, but they all include the same crucial factors that need to be proven for the victim to obtain compensation. A victim in a personal injury case will need to be able to show how the injury occurred, who is liable for the injury, and how much compensation they need to financially recover from their injuries.

How the Injury Occurred

How the injury occurred is often the entire basis for a personal injury case. If the injury occurred because of the injured person’s own actions, they might not be able to obtain compensation for their injuries. In a slip and fall accident, for instance, they may not be able to obtain compensation if they fell because of something they dropped and slipped on. If they fell because of something the store did not clean or section off with a warning sign, they may be able to get compensation for their injuries. When the injured person speaks with a lawyer like one from BohnLaw.com, they will need to explain how they were injured. The lawyer can then look into evidence showing how the injury occurred in case this information is needed during negotiations for a settlement or a trial to obtain compensation.

Who is Liable for the Injury

Liability will vary based on the type of accident and the cause of the accident. In some, liability is relatively straightforward. In a slip and fall case that happens inside a store, it’s typically the store that is at fault. However, liability can quickly become difficult to determine if there are multiple parties that could be liable. In a slip and fall accident, especially one outside of a store, the liable party may be the store, the company that owns the property, or the company that is working on repairs on the property. The lawyer representing the injured person can review how the accident occurred to determine who is likely liable for the accident and, therefore, required to compensate the victim for their injuries.

How Much Compensation is Needed

One of the most difficult aspects of a personal injury case is determining the amount of compensation. There are many different types of compensation that the victim can request based on the facts of their case. Medical bills are the most common type of compensation provided to the injured person, but compensation can also include property damage, loss of income, loss of enjoyment of life for permanent injuries, and pain and suffering. The compensation will also typically include legal fees if the injured person hires a lawyer to help with their case. This way, they do not have to worry about reducing the amount of compensation they receive so they can pay the lawyer. Instead, they should receive sufficient compensation to cover all expenses that occurred because of the accident.

If you have been injured due to the negligence of someone else, these factors are all crucial and will make a difference in whether you’re able to obtain the compensation you need. Make sure you speak with a lawyer about your case so they can help you determine if you meet the requirements for a personal injury case. If you do, they can then help you prove your case and obtain the full amount of compensation you need.