Factors that Affect a Personal Injury Verdict
Factors that Affect a Personal Injury Verdict
Any serious injury to you or a loved one is a cause of concern, more so if it is the fault of another. In such a circumstance, what you need to do is get in touch with a personal injury attorney immediately. Only he/she can help you ascertain responsibility and take the right course of legal action.
However, one thing that your attorney stresses on is that the outcome of the case may not be similar to previous cases, even if apparently they appear similar. You need to understand that every legal case is unique, and therefore, you cannot predict how the verdict could come about in your case.
Let's discuss in details the factors affecting the verdict in a personal injury case.
The State Laws: Personal injury laws, a part of the civil tort laws, are quite state specific. Therefore, in an injury case filed in Clearwater, the Florida laws would be applicable. How could these laws affect your case? Here is an instance.
Say for example, you were partially negligent and this contributed to the injury. Suppose you were talking on your mobile while driving and another vehicle hit you. Application of the Florida contributory negligence law would decrease the amount of damages you can recover because you were at fault too.
The Degree of Negligence: In a personal injury case, the plaintiff, i.e. the victim requires to prove that there was negligence to the duty to care. Therefore, it is also necessary to prove its preceding clause, there was a duty to care, and its following clause, the injury was because of the negligence.
Suppose a car collides with a truck. Both the drivers had a duty to care. Perhaps both were negligent, perhaps one was. Whoever is negligent, his/her fault led to the injury to another. The degree of this fault determines how much compensation the injured gets. A good personal injury attorney can establish this degree of fault.
The Severity of Injury: This needs proper medical assessment. YourClearwater personal injury attorney knows the method to get this assessment from professionals. If you think that, just any doctor would be able to provide this, you are mistaken. You need physicians, therapists, psychologists, etc for complete and thorough assessment.
Apart from the physical and psychological injuries you suffer, there must also be proper evaluation of other things. For example, a vocational expert can help assess how the injury affects your future career.
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