The Factors That Will Affect Your Compensation in a Personal Injury Case

If you have sustained injuries due to the mistakes of others in Albany, you are eligible for compensation for your losses. However, it can take time to get the right compensation, especially in cities like Albany. There are several factors, such as injuries, liability, etc., that you have to consider. In this case, consulting an experienced lawyer is the best course of action. 

An Albany personal injury lawyer from Finkelstein & Partners, LLP, says that victims should seek legal help as soon as they can, as insurance companies will take advantage of victims that don’t have representation. 

Experienced lawyers can quickly negotiate with the insurance providers, collect evidence, and structure a strong case for you. If you are wondering what the factors that can affect your claim are, check out the following: 

The Severity of Injuries

How much you will get depends on the severity of your injuries. If you have sustained severe injuries, your compensation amount will be higher than for minor injuries. Severe injuries such as broken bones, limb loss, spinal cord injuries, and amputations are given higher compensation. 

But, you must provide evidence to prove your injuries; you can show medical documents and photos. This is why it is crucial to get medical help as soon as possible after a mishap.

Medical Bills

The most crucial aspect of a personal injury case is the medical bill. Medical bills and reports serve as essential evidence. The personal injury lawsuit should not be settled until the victim reaches maximum medical improvement. 

Before accepting any settlement, the victim must understand how much their future medical expenses will cost. This is where your lawyer will be of great help. They will help you understand the legal procedures and explain how much compensation you must receive.

Insurance Policy Limit

Several personal injury claims are settled via insurance providers. However, the insurance provider of the at-fault party’s limit will determine the amount you will receive. If the insurance provider refuses to pay you or they are quoting a small amount, you can file a claim. 

The Liability of the Defendant

The defendant’s liability or the degree of fault must be established. It means the victim can get total compensation for the damages if they are not at fault. You will not be liable if the other party is solely responsible. However, if the victim has some fault, the amount will get reduced. In some cases, there may be more than one potential defendant, and damages may be calculated according to how much each defendant is liable.

Witness Testimonies

The witnesses who speak in your favor can significantly impact your personal injury case. However, the witness should be able to describe the events thoroughly; this will help establish the liability on the part of the defendant. 

Mental Stress

In addition to physical injuries, you might also suffer from mental and emotional trauma. Accidents can be traumatic, which can cause anxiety, depression, sleep issues, etc. The experienced lawyer will help you get a mental health professional who will help you overcome the trauma. This will also be used as evidence to help you in your compensation claims.

Loss of Wages

Lost wages play a crucial role in how much you will receive. However, you have to ensure that it is well-documented. You do have to provide evidence stating that your injuries have stopped you from working. 

First, you must submit a letter from the doctor saying that due to the accident, you will not be able to work or your ability to work is limited. This may be simple to demonstrate if you work 9 to 5. However, if you are a freelancer or work from home, then it might be challenging. But your lawyer will provide you with all the important resources and get you the compensation you deserve. 


Being involved in an accident is traumatizing, and when you have to deal with the compensation claim, too, it adds to your challenges. However, if you are not at fault, you must get justice, and an accident lawyer will help you get what you deserve. Also, you can easily focus on your health, and your lawyer will deal with the legalities. 

Published by
Barry Lachey
Tags: compensation

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