After being injured in a car accident, most victims want to know what they can get out of a personal injury lawsuit. The answer to that question depends on a lot of factors and the evidence you can present in your case. Yet, it’s a question that you have to analyze since the answer to it can give you direction as far as how to handle settlement negotiations and deciding whether to take your case to trial. So, let’s dive in and look at some of the factors that may dictate what sort of recovery is obtainable in your car accident personal injury case.
Issues that could impact how much compensation you recover from your car accident case
Even if your personal injury claim seems straightforward, you’re bound to face challenges from the defense. So, as you try to analyze what your personal injury claim is worth, you’ll want to assess the following:
- The seriousness of your injuries: It’s important to remember that presenting your case, whether to the defense during settlement or a jury during trial, is like telling a story. You want to paint a vivid picture of your accident and the harm that’s been caused to you. Therefore, if you can show pictures of your injuries and articulate the pain and suffering they’ve caused, then you’ll be in a stronger position to recover more compensation.
- How your injuries affect your ability to live your life: Your injuries have probably placed limitations on your ability to live a normal life and engage in the activities that you love. Specifying this impact can go a long way toward proving your non-economic damages. Be as detailed as you can be here so that the defense and the jury fully understand the extent of the harm that’s been caused to you.
- Your percentage of fault: Montana recognizes comparative negligence. This means that if the jury finds that you contributed to the accident, then any compensation awarded to you will be reduced by the percentage of fault allocated to you. This can severely hinder your recovery if you’re not careful.
- The amount of work you miss: Lost wages are a key component of your request for damages. While it’s easy enough to figure out how much time you’ve already missed, it gets more complicated when you try to argue about how much work you’re expected to miss going forward. This is where experts may be able to help specify exactly how your injuries will prevent you from working for a certain period of time.
- Your need for ongoing medical care: A similar analysis is conducted for your anticipated medical expenses. You’ll likely need your doctor’s opinion as to the nature, extent, and severity of your injuries, as well as what sort of ongoing treatment you’ll need. This testimony can help frame the type of compensation you’ll need to pay for this necessary care.
Aggressively advocate for the compensation you deserve
You only get one opportunity to fight for the compensation you deserve from a personal injury lawsuit. That’s why you need to approach your case the right way, ensuring that every element of your claim is vetted and each opportunity for compensation is aggressively pursued. Only then can you rest easy knowing that you’ve done everything in your power to find accountability, recover compensation, and set yourself up for the best future possible in light of the harm that’s been caused to you.
