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Factors That Can Affect a Personal Injury Verdict

The most common question that people involved in a personal injury case ask is “how much money am I entitled to in compensation?”. Unfortunately, there isn’t a set fee for personal injury claimants, and the amount you will receive depends on more than just how much your hospital charges were. In this article, we’re going to take a look at some of the factors that can affect a claim to help give you a better idea of what to expect.

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Liability

In order to settle a personal injury claim, you will first need to prove that the defendant was liable for the injury you obtained. If you can’t convince an adjuster that their client was liable for the accident, you won’t receive one penny of compensation. If you are finding it hard to prove liability, it is worth hiring a Nebraska personal injury lawyer to help you. They will be able to advise you on whether the claim is worth fighting, and if it is, they will help you to prove liability.

The Location of the Accident

One thing that can vastly alter the amount of compensation that you receive is the location of the accident. Some cities and counties provide higher levels of compensation than others, and out of court settlements also tend to reflect the fees you would be awarded in court in these areas. When compiling a case, an attorney will usually look for similar cases in your area when determining an amount to claim for. Although this doesn’t give you any guarantees, it can give you a good idea of what to expect if you do go to court.

Medical Costs

When claiming for medical costs, an adjuster will want proof that what you are claiming for was medically necessary. For example, if you were in a car accident and received whiplash as a result, you may end up needing to see a chiropractor. However, if you run up $5,000 in chiropractor bills and the adjuster thinks that’s an unreasonable amount, they may decline to pay for the full amount. The best thing you can do in this scenario is to ensure that all of your treatments are performed by a licensed physician. Avoid any medical centers that claim to be personal injury specialists as these often encourage people to run up high bills, which are then looked upon suspiciously by adjusters.

Comparative Fault

Finally, some states have a ‘comparative fault’ law in place. In these states, the amount of compensation that you are entitled to is determined by how much fault you are determined to have caused. If comparative fault is deemed to be a factor in your claim, you don’t have to automatically agree with the adjuster’s ruling. Instead, you can do some research into how previous similar cases were settled and then negotiate for a more favorable ruling. Again, your attorney should be able to help you with this.

Personal injury cases do vary widely, so it is always best to speak to an attorney if you want to be successful in your claim.

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