Understanding personal injury cases is often tricky due to the various factors that come into play, You need to comprehend your case from this perspective to get a fair settlement, which can be possible with the help of injury lawyers Edmonton. But first, let’s talk about the factors that impact personal injury settlements.
A personal injury lawsuit is a legal dispute that arises if a person suffers harm from an injury or accident. Another person or entity, such as a business, can be legally responsible for that harm. Personal injury law may also constitute concepts related to tort law and civil lawsuits. In a personal injury case, a client's severe injury determines how much they will recover.
A team of experienced injury lawyers specializes in personal injury litigation to justly represent injury victims in cases involving motor vehicle accidents and wrongful death, even in situations where an insurance company is involved.
Notable Personal Injury Case
Here's a real-life case sample to help you better understand personal injury lawsuits. This 1992 case involved Stella Liebeck and the fast-food giant McDonald’s.
The 79-year-old Liebeck sued McDonald’s for serving too hot coffee, causing her significant burn injuries when the coffee tipped over, and the scalding hot beverage poured onto her lap. She was sitting in her grandson’s parked car’s passenger seat when she removed the McDonald’s coffee lid to add cream. She placed the coffee between her knees.
After legal proceedings, McDonald’s was found guilty of serving too hot coffee, so the fast food chain awarded Liebeck $160,000 in compensatory damages and a staggering $2.7 million in punitive damages.
Understanding Liability and Negligence
There are two significant concepts in personal injury cases: liability and negligence.
Liability
Liability pertains to a legally enforceable claim versus another individual or entity. If an entity finds itself liable for a personal injury, it must compensate the accident victim based on the damages they seek. Liability is essential to recover compensation for personal injury claims.
But how does one establish liability in personal injury cases? This involves proving the defendant's fault or negligence. Causation must also be demonstrated, and resulting damages must be shown through legal arguments and evidence.
Negligence
Related to the concept of liability is negligence. It serves as the basis of liability for personal injury lawsuits. Negligence happens when somebody owes another individual a duty of care but fails to provide this, ultimately causing the latter to get hurt or be injured. This then results in damages that must be compensated.
Types and Severity of InjuriesTraumatic Brain Injuries
One of the most common types of injuries – and also the most dangerous – in personal injury claims is a traumatic brain injury. This is an injury where the person’s brain and skull suffer significant damage due to a powerful physical force that hit their head. This could be an object striking the head.
It may cause severe brain damage, affecting the person’s cognitive functions. Worse, the damage can be permanent. Some of the most common traumatic brain injuries are:
1. Concussions
2. Brain contusions
3. Diffuse axonal injuries
4. Coup-contrecoup injuries
5. Penetrating brain injuries
All those traumatic brain injuries cause damage in various degrees, such as concussions being considered milder and penetrating brain injuries being the most severe.
Neck Injuries
A person or the plaintiff may also suffer from a neck injury. This is common after personal injury accidents, particularly a motor vehicle accident, as the individual suffers from a whiplash. The victim’s head gets violently jerked because of the vehicle’s impact. This violent movement inflicts damage to their neck, which can result in major complications.
Back Injuries
Another common injury in personal injury claims is one that damages the person’s back area. This can be caused by:
1. Slipping and falling
2. Landing on their back
3. After a car collision
Damage to the spine can interfere with the brain’s function. Most of the time, spinal injuries can be permanent. These injuries are commonly regarded as one of the worst kinds of back injuries that may cause:
1. Trauma
2. Incontinence
3. Paralysis
4. Sensory problems
Broken or Fractured Bones
Broken or fractured bones are not as severe as the other injuries, but they can also be severe if the fracture happens on the skull, pelvis, or vertebrae areas. This injury can affect someone's ability to work, therefore resulting in lesser pay. These injuries can also be painful.
Burn Injuries
Burn injuries are caused by contact with flammable substances or hot surfaces. However, burn injuries are not just caused by exposure to fire; they may also be caused by exposure to dangerous chemicals. Burn injuries are categorized from first- to third-degree burns.
The third-degree burn is the worst, which can damage nerves, cause permanent scarring, and affect the function of the internal organs.
Factors That Impact Personal Injury SettlementsSeverity of the Injury
The severity of injuries is the most overriding factor in determining settlements. The more severe the injury, the higher the victim's compensation.
Injuries like traumatic brain injuries, spinal code trauma, amputations, and broken and dislocated bones equate to higher settlements than injuries that only involve bruising, strains, or sprains.
Emotional and Psychological Trauma
If the victim yields to a physical injury, it doesn’t end there. They may also experience emotional and psychological trauma as a result of those injuries. These may constitute:
1. Anxiety
2. Depression
3. Fear
4. Post-traumatic stress disorder (PSTD)
If proven that the victim has sustained significant pain and suffering due to the injury, this could significantly impact the overall settlement.
Life Disruption And Lost Wages
Injuries do not just occur overnight. The effects can be long-term, disrupting a person’s life, such as interfering with their household activities and their job in the workplace. If they stop being efficient at work, they may get a lower salary, impacting their financial support for their family.
If an injury disrupts the victim’s life, this will also be considered when determining the value of the settlement.
In some cases, long-term medical expenses come into play, especially if medical care must be provided for months or years. In these situations, the settlements must be higher.
Certainty of Liability
Settlements from personal injury may also revolve around the specific liability in the claim. Higher settlements are given if the negligent party is proven responsible for the injury.
However, there are some cases when the injury victim shares the liability with the other party, especially if the court proves the victim is also responsible for the injury sustained. So, the total amount of compensation the victim will receive can be less.
Severity of the Property Damage
Property damage may also occur, such as in vehicular accidents. The total value of all damaged properties will also be considered when calculating the total settlement.
Insurance Coverage
If the other party has insurance coverage, you may not receive the total amount of compensation you’re entitled to. So, a lawsuit must be filed to recover the amount you think you deserve.
Other Factors that Contribute to Lower Settlement Compensation?
If these factors are present in your case, it's more likely that your compensation will be lower:
1. Injuries limited to soft tissues, such as sprains, muscle strains, ligament pulls, and bruising
2. Treatment from non-medical professionals like chiropractors or assistant therapists
3. Quick recovery within a short period before returning to normal life
4. No permanent injuries or long-lasting loss of function
5. Absence of visible scarsAbility to care for yourself without additional assistance
Ensure a Fair Settlement
Winning by settlement means both parties agree on a monetary amount to resolve the dispute, often after negotiations, while winning at trial involves a judge or jury deciding on compensation if a settlement isn't reached.
Settlements allow control over outcomes and avoid the uncertainty of trial but may require negotiation. Trials relinquish control to the judge or jury, with no guarantee of desired compensation, which emphasizes attorneys' preference for settlements.
On average, it takes about three months to three years after hiring a lawyer to settle or reach a judgment in a personal injury claim. However, this timeframe can vary due to different factors impacting a personal injury claim.
Determining the value of your personal injury claim can be complex if you’re alone. You must also understand the factors involved to make the whole process more manageable. If you want to file a personal injury claim, working with Sidhu Personal Injury Lawyers Edmonton, a personal injury law firm, ensures your rights are protected, and you’ll get a fair settlement. Talk to a reliable personal injury lawyer today.
Media Contact
Company Name: Sidhu Personal Injury Lawyers Edmonton
Contact Person: Shawn Sidhu
Email: Send Email
Phone: +1 (780) 666-0134
Address:10050 112 St NW Suite 904
City: Edmonton
State: Alberta
Country: Canada
Website: https://injury-lawyer-edmonton.com/
