Factors That Can Affect Your Personal Injury Claim

Oct 28, 2015
by Adler Markoff & Associates

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    Factors That Can Affect Your Personal Injury Claim

    As we have discussed in the past, personal injury claims are amongst the most common and widespread. Even though these types of cases are more common than others, it doesn’t mean they are uncomplicated. Depending on the type of case and individuals involved, personal injury cases can cause major headaches for everyone involved. When it comes to determining the settlement amount for a personal injury cases, usually some sort of common formula is used to calculate the damages that you are owed.

    There are also a handful of factors that will contribute to how much you receive from a personal injury claim. It is a given that every case is different, but there are also a few common factors that will either increase or decrease the amount of compensation that you will receive, either in an insurance settlement or a court-based lawsuit. As knowledgeable Oklahoma personal injury attorneys, we have the tools, resources, and experience to offer you guidance throughout every aspect of your case. We are here to answer any questions you may have and will do our best to help you understand what factors may impact how much you will receive when all’s said and done.

    Factors Which May Affect How Your Settlement is Determined

    As mentioned, a formula is usually used to figure out your damages. This formula generally utilizes a multiplier in order to determine what is fair compensation. Please keep in mind that these multipliers are oftentimes connected to the amount of pain and suffering you have experienced. Here is a look at some of the higher multipliers that may affect how much you receive in a settlement for your personal injury claim:

    • Broken bones
    • Head injury
    • Nerve damage or spinal cord injury
    • Medical expenses
    • Anticipated recovery period
    • Prescription medication
    • Permanent injury, including scarring, stiffness, or loss of mobility
    • Physical or emotional distress from the injury

    Some of the factors that may lead to a lower multiplier being used to determine damages:

    • Soft tissue injury, including a sprain, strain, or bruise
    • Medical treatment by non-MD providers
    • No medication has been prescribed to treat your injuries
    • Only required brief medical treatment
    • No permanent injuries
    • No physical or emotional problems beyond the original injury

    Some of the other factors that may be looked at include the following:

    • Did you share fault in the accident?
    • Are there any witnesses who can strengthen your case?
    • How cooperative were you with the claims and settlement process?

    To learn more about how personal injury settlements are determined, please contact an attorney from AMA Law today.

    Request a free consultation

    (405) 607-8757