Personal injury cases occur every day, and parties who suffer due to the negligence of others should not have to pay. Thankfully, personal injury claims provide such parties with a means to seek recompense.
In order to argue a successful claim, it is important that claimants understand the various aspects of the process. In particular, it may be helpful to understand how the courts determine damages for a personal injury claim.
One of the most common ways to guage the seriousness of an injury is the victim’s medical records. These records help to create a papertrail from the beginning, and aid the court in understanding the extent of the injury and rehabilitation required due to the incident. The courts also look at the medical bills and any other related bills that are associated with the accident as a base for determining the proper compensation amount.
If the claimant received treatment or diagnosis from a specialist, the court considers the expert witness’ testimony. This can be particularly helpful for those parties who may have previous conditions that are enhanced by an accident. For example, if a person received medical care before the accident for a back injury, the defendant may try to assert that further injury was not attributed to the accident. A medical professional can testify to whether a condition began or worsened due to the incident.
When possible, courts may reference other cases that are relevant to the particular incidient, especially if there are special circumstances to consider. This is particularly true in regards to calculating pain and suffering, as there is no exact calculation to use. Utilizing the rulings of other cases helps to create a baseline and somewhat of a consistency across different cases.
Understanding how a court looks at determining damages can aid parties in determining how to best present their claim. In the end, evidence is always key, and parties should provide as much evidence as possible to support their statements.