Picking from where 6 Factors That Can Affect the Value of a Personal Injury Lawsuit (Pt. 1) left off, here, we will resume this discussion, revealing some more of the things that can impact people’s financial recovery from these cases.
Other Things Affecting the Value of Personal Injury Lawsuits
4 – The amount of property damage incurred (if any)
Property damage may not always be an element of personal injury cases, but when it is, it will be a factor in determining the amount of compensation an injured party is due. Generally, the goal is for the victim to be compensated for the necessary repairs and/or the value of the lost property (if, say, the property is beyond repair/it has to be totaled).
5 – Delayed or inconsistent medical treatment
Believe it or not, how soon you get medical treatment – and whether you are consistent about receiving it and following doctors’ orders – can also possibly have a negative impact on the value of a personal injury case. This is generally due to the facts that:
- Putting off getting medical treatment can give insurers or others leverage to try to attribute your injuries to other causes and/or to claim that your injuries must not have been that bad because you didn’t see a doctor sooner.
- Not following through with medical treatment can provide similar leverage, which may lead to the value of a case dropping.
6 – Whether it’s possible to request punitive damages
Up until this point, the compensation from personal injury cases that we have been discussing has been compensatory damages. These damages are intended to restore the injured party, compensating him or her for his injuries and losses.
However, in some cases, it may also be possible to request punitive damages, which are awarded by the court to punish a defendant for its negligence (rather than to specifically compensate the victim). When these damages are available (which can be possible, for instance, in insurance bad faith cases):
- They can greatly increase the value of a personal injury case.
- They can provide powerful points of leverage during pre-trial settlement negotiations, as defendants facing the possibility of punitive damages tend to want to settle prior to trial (rather than gambling with the possibility of losing a trial and being ordered to pay thousands or more in punitive damages).
St Louis Personal Injury Lawyer at Brown & Brown Attorneys at Law
If you or a loved one has been hurt by someone else’s negligence or carelessness, contact an experienced St Louis personal injury lawyer at Brown & Brown Attorneys at Law for experienced help pursuing justice.
To learn more about how we can help you, attend a free, no obligations initial consult with a St Louis personal injury lawyer at Brown & Brown. You can schedule this meeting by calling us at 573-333-3333 for our Missouri office or at 618-888-8888 for our Illinois office. You can also email us using the form at the right-hand side of the screen.