As Pennsylvania’s largest city, Philadelphia has its fair share of accidents. A 2021 report by the Pennsylvania Department of Transport states that over 10,000 car accidents happened in Philadelphia County. Another report from the same source says that there were over 1,200 traffic-related fatalities in 2021. Huge numbers like these are a serious cause for concern.
When the number of accidents is this high, immediate action is the need of the hour. Awareness campaigns and stricter punishments for those breaking the law are among a few ways to achieve that.
You should push for legal action if you’re unfortunate enough to be hurt due to someone’s negligence or carelessness. Get in touch with one of the experienced Philadelphia personal injury lawyers to learn how you can bring the perpetrators to justice.
When you hire an experienced personal injury lawyer, you can expect all types of legal assistance and a reliable aide who will fight by your side.
A good lawyer considers all the factors that contribute to a personal injury claim. This ensures that you get the highest possible amount as compensation for your injuries and losses. This article focuses on those factors. Read on to find out more.
The factors that affect compensation in a personal injury claim are:
- Loss of income
- Medical expenses
- Pain and suffering
- Emotional trauma
- Loss of earning potential
- Property damage
- Loss of enjoyment
- Loss of consortium
- Cost of assistive equipment and aides
- Shared fault
Lost Income
The healing period for injuries will vary based on how severe they are. You may miss work while tending to your injuries. Submitting employment records and relevant documents that support your absence from work contributes to the final compensation amount.
Medical Expenses
Accident injuries, big or small, require medical assistance. The costs incurred due to injuries will vary based on their severity. But irrespective of that, you should submit all injury-related records to your attorney. This can be proof of appointments, hospital visits, medication, surgery, and so on. All these elements affect your compensation amount.
Pain and Suffering
Pain and suffering fall under the category of damages that are difficult to calculate. These types of damages are also common in more traumatic or severe injuries. As a result, compensation for pain and suffering is on the higher side.
Emotional Trauma
Emotional trauma is a type of non-tangible damage. They are difficult to prove and can have devastating long-term effects for the victim. To prove emotional trauma, it’d be wise to maintain a journal that records your feelings. Documenting proof of therapist visits also helps. If proven, emotional trauma will have a noticeable effect on overall compensation.
Loss of Earning Potential
The injuries you suffer in an accident may render you unable to work. There are also cases where your injuries may not allow you to perform your work-related duties as before. Both of these instances will have a massive effect on your overall compensation amount.
Property Damage
During an accident, there are chances that things you own may end up getting damaged. The things referred to here can be anything, from a smartphone or a car to a fence or a swimming pool. You will be compensated for damaged property if you can furnish evidence for the money you have spent on repairing or replacing it.
Loss of Enjoyment
Loss of enjoyment falls under non-economic damages. Some accident injuries are so severe that they can prevent you from living your best life. A good example of this would be a runner who loses their legs due to an accident. This loss has a massive emotional impact on the runner, leading to a reduced quality of life.
One can prove loss of enjoyment by providing a journal and testimonials from therapists about their current mental state as evidence. An experienced attorney will come in handy when calculating loss of enjoyment, as multiple factors are usually considered.
Loss of Consortium
This factor comes into play if a person succumbs to the injuries that were caused by the accident. The surviving family members include the victim’s spouse, partner, or other close family member. In some instances, parents or children are considered as well.
Loss of consortium is another type of non-economic damage, and calculating the right amount is difficult. However, an attorney will be of massive help in this scenario.
Cost of Assistive Equipment and Aides
If your injuries are severe, you may require assistance to carry out day-to-day activities. It can be something as simple as a pair of crutches to help you walk or a professional who will take care of you 24/7. The money you spend for such services or for buying the assisting aids can be included in your overall compensation amount.
Shared Fault
Unlike other elements on the list, this one has a negative impact on compensation. There are chances that you share liability for the accident. In such cases, you may receive a lower sum or a sum where a portion has been reduced, depending on your level of involvement. Some states, like Alabama and Maryland, do not offer any compensation if you share a liability.
Final Thoughts
Although this is not a complete list, these are some of the important factors that contribute to higher (or lower) compensation. As informative as this article may be, you will need the help of an attorney to get the right compensation for your injuries. They will know what to do and how to do it, and they will be a great asset in your personal injury claim.
