Personal injury lawsuits are one of the most common types of lawsuits filed in Chester County and around the country, and for good reason. After all, accidents happen all the time, and victims need to be able to get compensation for their losses. However, compensating someone for a personal injury can be a complex issue, leaving many wondering just what is personal injury compensation and how you calculate it.
What is a Personal Injury?
Before you can understand the ins and outs of personal injury compensation, it’s helpful to know exactly what qualifies as a personal injury in the first place.
In Pennsylvania, a personal injury is essentially any physical and/or mental harm that a victim suffers because of some third party’s negligent or intentional actions. Basically, if someone suffers from an injury that wasn’t their fault, they may be able to file a personal injury lawsuit to seek compensation for their financial losses and suffering.
Personal injuries come in all shapes and sizes. They can include anything from a car accident caused by a drunk or otherwise reckless driver to things like medical malpractice, wrongful death, injury caused by a defective product, and more.
At the end of the day, there’s no shortage of different examples of these types of cases. However, as long as the victim is able to prove that their injury was a direct consequence of someone else’s actions, it may qualify as a personal injury for which they can seek compensation.
What is Personal Injury Compensation and What Does it Cover?
Personal injury compensation is, of course, the compensation that someone receives after being the victim of a personal injury. However, while this may seem simple enough, it doesn't paint quite a clear enough picture of what exactly personal injury compensation covers.
When someone files a personal injury lawsuit, there are two main types of damages that they can seek compensation for, the first of which is financial losses. When someone is the victim of an injury, there can be both immediate and long-term financial consequences, including having to pay for hospital bills and potential future medical care, as well as losing wages due to being unable to work.
These costs are relatively easy to measure, and if the third party is entirely at fault, they will have an obligation to pay for them.
The second type of compensation that someone can receive for a personal injury has to do with emotional and mental pain and suffering. This could include things like emotional stress or any loss of enjoyment in life caused by the injury.
While these are a lot harder to put a price on, they can rightfully make up a significant portion of the total compensation that a victim receives, depending on the type of injury.
So, whether the personal injury has long-term life-altering consequences or not, personal injury compensation is always the sum of both these financial and non-financial losses.
How Personal Injury Compensation is Calculated
Knowing that personal injury compensation encompasses both financial and non-financial damages is all well and good, but what exactly does that mean? How do you put an exact price on these losses?
Well, unfortunately, there isn’t a simple answer to this question. Calculating the exact value of a personal injury claim is challenging, and there are a wide variety of different variables to consider.
Firstly, you need to consider the severity of the injuries and whether or not they have permanent life-altering consequences. For example, a dislocated shoulder can be traumatic, inconvenient, and costly in the short term. However, if the victim completely loses their arm in the accident, this comes with long-lasting financial and emotional consequences deserving of much higher compensation.
The next thing to consider is how the accident happened and how strong the evidence against the third party is. In court, strong evidence means everything, and if it isn’t possible to prove that the actions of the third party are directly to blame for the incident, there may not be any compensation to seek in the first place.
Insurance is another factor that can have a huge effect on the total compensation a victim receives. From standard car insurance to medical malpractice insurance and more, most third parties have some sort of insurance that covers them in the event of an accident. Unfortunately, this often means that the victim is at the mercy of the third party’s insurance and may only receive a fraction of the value of the actual claim.
Lastly, the influence that the jury has over the total compensation that a victim receives cannot be understated. Ultimately, it is up to the jury to decide whether a claim is legitimate, so it’s essential to consider the conclusions the jury is likely to come to.
Get the Personal Injury Compensation You Deserve with HoeyLegal
As you can see, personal injury compensation is a complex topic that requires proven experience and specific expertise to navigate. Luckily, if you or someone close to you is dealing with a personal injury in Chester County, HoeyLegal is here to help.
Here at HoeyLegal, We understand just how quickly a personal injury can turn your life upside down and how scary it can be to deal with situations like these on your own. However, our team is dedicated to the relentless pursuit of justice on behalf of our clients, and we will leave no stone unturned to ensure that you get the compensation you deserve.
From auto and trucking accidents to slips and falls, medical malpractice, and more, if you have a personal injury claim, you can trust the team at HoeyLegal to have your back no matter what.
Contact HoeyLegal Today
Are you the victim of personal injury? Give us a call or contact us online. Our team is always here and ready to act fast to get you the compensation you deserve. We even offer free consultations, ensuring that you have nothing to lose and everything to gain. So, don’t deal with your personal injury alone. Contact HoeyLegal and take the first step toward getting your personal injury compensation today!