If you have been in an accident due to another party's negligence in Connecticut, you may be entitled to compensation for your injuries and damages. You might not know how much your claim actually could be worth.
The good news is that, with the help of a personal injury lawyer, you can compile all the necessary information and maximize your award. Speaking to attorney Russell Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers can further shed light on the elements that determine the value of a personal injury claim. From the severity of the injuries to economic losses, here are some key elements that could tell how much you could receive if you win the case.
Severity of Injuries
Your claim greatly depends on the extent of your injuries. If you only have bruises, you should expect less compensation than someone who has extreme trauma in their body.
The permanency or ongoing effects of an injury to a victim's life are just as important. Some wounds can result in long-lasting pain or permanent disability, which raises the value of the claim.
Medical reports and expert opinions will highlight the extent of your condition. This justifies the need for immediate treatment and keeping records of how you have recovered throughout the process.
Quality of Evidence
Another vital factor that could affect your claim is the quality of evidence you present. Strong documentation strengthens your case, making it harder for the opposing side to dispute.
Also, detailed photographs taken at the scene can be clear physical evidence of the conditions that caused the injury. Witness statements further help to bolster your account and verify credibility.
Have all medical records, bills, and correspondence to and from any insurance company, if possible. Your lawyer will use them to develop the best possible description in relation to your claim.
Emotional Distress
Injuries do not always refer to the physical kind. Anxiety, depression, and traumatic stress may develop after the occurrence of the incident. Mental distress must also be taken into account.
If you can document the psychological impacts an accident caused, it may bolster your claim for emotional distress compensation. Journals that record mood changes or therapy records will help to effectively emphasize this impact.
You can include expert testimony from psychiatrists and psychologists who can attest to your emotional pain. These professionals lend credibility to your emotional experience and the intensity of your suffering.
Fault and Liability
To prove liability, you must have evidence linking the defendant's fault to the accident. Connecticut operates under the modified comparative negligence rule, meaning that if you are partially liable, your damages will be apportioned accordingly.
For instance, if you are found to be 30 percent at fault in a $150,000 claim, your damages will be reduced to $105,000. Regardless, securing enough evidence proving another party is liable will help protect your claim.
Skilled personal injury lawyers can dissect an accident's details, determine others' negligent acts, and respond to claims against you. Their expertise ensures a strong defense against any potential reduction in your claim based on shared fault.
Insurance Policy Limits
Each insurance policy has a maximum payout limit for a claim. Your compensation cannot exceed the policy limits of the at-fault party's insurance coverage.
If your damages surpass their policy cap, pursuing additional recovery options may be necessary. Some complainants choose to file lawsuits directly against the responsible parties to cover excess costs.
You should also review your own insurance coverage before pursuing a claim. Some policies, like underinsured motorist coverage, can help bridge the gap if another driver's insurance falls short.
Conclusion
Understanding the elements that influence the value of a personal injury claim in Connecticut can make a significant difference in the outcome of your case. From injury severity and emotional impact to evidence strength and liability, each factor plays a role. An experienced lawyer can help you evaluate these elements clearly.
