Five Factors That Affect the Value of Your Injury Case

May 18, 2016 — by Gary Zucker
Tags: Personal Injury

Looking over legal paperworkWhen it comes to personal injury lawsuits, the people of Brooklyn can put their trust in Gary A. Zucker & Associates, P.C. Our experienced team of personal injury attorneys can provide you with all the information you need for a successful resolution of your case.

We receive many questions about assessing damages in personal injury lawsuits and what that entails. Let's take a moment right now to consider five factors that affect the type and amount of damages in your case.

What Are Legal Damages?

Damages refer to a monetary award that is given to people who have been seriously injured in an accident. During a personal injury lawsuit, a plaintiff will seek damages from a defendant. There are two kinds of damages that may be sought in a website: compensatory damages and punitive damages.

There is never a set-in-stone amount to damages in a personal injury lawsuit since they can vary from case to case. These five factors below will often have a major bearing on how much is sought during a legal proceeding.

Factor #1 - The Degree of Defendant Negligence

Determining the damages sought in a lawsuit will sometimes depend on the nature of negligence that the defendant displayed in a given incident. This could mean showing a breach of duty, and noting the overall nature of the accident. If a defendant's actions were the sole cause of injury, then it can have a major bearing on damages

Factor #2 - The Injuries Sustained

The type of injury or types of injuries that a plaintiff experiences during an accident can similarly affect the value of a case. More severe injuries mean that more extensive medical care is necessary. The same must be taken into account when it comes to long-term effects on wellness. Major injuries mean larger damages in general.

Factor #3 - Medical Treatment and Recovery Time

Related to the nature of the injuries sustained, the type of medical treatment necessary to address these injuries needs to be taken into account as well. More extensive medical care and long-term physical rehabilitation and medical assistance means seeking larger damages in most cases. This is especially true of permanent disabilities from injuries.

Factor #4 - The Issue of Comparative/Contributory Negligence

Comparative and contributory negligence mean the defense will attempt to show that the plaintiff's own actions contributed to an accident or injury occurring. If a plaintiff was under the influence of alcohol during a car accident, for instance, he or she may be considered partially negligent and partly at-fault for the injuries sustained during the accident. This partial fault can lead to a reduction in total damages amount.

Factor #5 - Will Punitive Damages Be Sought?

Punitive damages are sought in addition to compensatory damages. While compensatory damages are intended to cover actual losses, punitive damages are intended to punish the negligent party. The amount sought for punitive damages will be higher for much more serious or egregious examples of negligence.

Learn More About Personal Injury Lawsuits

For more information about your legal options and how our attorneys can help you with your case, be sure to contact our team of personal injury attorneys today. The team at Gary A. Zucker & Associates, P.C. will fight diligently for you in your time of legal need.

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