When it comes to personal injury lawsuits and verdicts, a number of factors influence how much compensation victims may receive. Whether it’s how the laws of a particular state deal with verdicts or the type of injury the plaintiff received, victims in these cases need to be aware that many different factors can lead to various results. If you are involved in a personal injury lawsuit and are concerned about the verdict your case may receive, here are some of the factors that will play a pivotal role along the way.
Laws Within a Jurisdiction
One of the biggest factors involved in deciding personal injury verdicts is the law within the jurisdiction where the injury occurred. In fact, the type of personal injury, the level of harm, and determining fault for the incident all play crucial roles in the verdict that is handed down. In addition to these factors, individual jurisdictions may also have different laws when determining which types of evidence are admissible in court.
Types of Harm
Because personal injury cases can involve both physical injuries as well as those involving mental or emotional harm, verdicts can vary greatly depending on the type of harm sustained by the victim. In most cases, victims who suffered physical injuries tend to receive the most favorable verdicts, since judges and juries can analyze medical records and see physical scars on victims. However, in cases where emotional or mental harm are alleged to have happened, judges and juries may sometimes wonder if the person did indeed suffer the harm they claim.
Treatment Received for Injuries
For many victims of personal injury accidents, the treatment they received for their injuries can also greatly affect the type of verdict handed down regarding their case. In fact, victims who receive multiple treatments for their injuries often receive much more favorable verdicts than those who visit a doctor only once or twice. Along with this component, judges and juries must also believe that the treatment received by the victim for their injuries was reasonable under the circumstances. For example, if a person claims to have received an inordinate amount of excessive treatment for their injuries, it can greatly affect the outcome of the case. In these situations, if the treatment does not seem to match the injury, the victim may have a much harder time winning their case.
Unbeknownst to many plaintiffs in personal injury lawsuits, preexisting conditions often play a very important role when it comes to the types of verdicts delivered by judges or juries. To win their case, plaintiffs must demonstrate to the court that the defendant was responsible for the injuries they sustained. However, if a plaintiff has a preexisting condition that is similar to the injuries they claim to have, the outcome of their case could be influenced. For example, if a person with a back injury has a preexisting condition focusing on their back, the court may feel as if the injuries sustained in their accident played little or no part in their current physical condition.
Because personal injury cases are extremely complex, it is important for victims in these cases to realize all the factors that may play a part in determining the verdict they may receive. To fully understand the various components that can influence personal injury verdicts, it’s always important to work with an attorney with the necessary knowledge and experience to deal with these cases. By going into these situations fully aware of how judges or juries may view their injuries, victims will have a much greater chance of getting the results they desire.