How Courts Determine Personal Injury Damages
There are many different variables that may affect the full dollar value of your personal injury claim in West Virginia. While every case is different, there are a few common factors that could either increase or decrease the amount of compensation you receive.
The following are some factors that could play a role in determining the damage amounts in your case:
- Shared fault: Any degree of shared fault on your part will decrease the overall amount of compensation you can recover. West Virginia has modified comparative negligence rules, and so the percentage of fault you shared in the accident determines the percentage of the total amount of damages you can recover.
- Organization in the claims process: The more information and evidence you can collect and present, the more likely it is you will be able to achieve a positive outcome in your case.
- Witnesses: In addition to plenty of evidence and information, having one or two witnesses who can reliably recount the events of your accident can be a tremendous benefit to your claim. This is especially useful in cases in which fault is not necessarily clear.
- Attitude: This can make a huge difference during the claims and settlement process. A person who is calm, collected and polite while working with insurance claims adjusters and interacting with judges and court officials is more likely to get a positive settlement than someone who is impatient and rude.
- Severity of the injury: A more severe injury will typically result in a larger potential settlement in a personal injury claim. Hard injuries (such as broken bones or vertebrae injuries), the need for medical treatment, the need for long-term treatment, or the existence of a permanent or long-lasting injury or distress are all factors that could increase the value of a claim.
For more information on the factors that could affect the value of your personal injury claim, call Calwell Luce diTrapano PLLC at 304-400-6558 or contact our West Virginia law firm online to schedule an appointment.