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Does the Severity of My Injury Affect My Personal Injury Case? 

Legal Team

Experiencing an injury due to someone else’s negligence can be a life-altering event, prompting questions about a potential personal injury case’s value. A pivotal factor in the amount of compensation you can recover is the severity of your injury.

An Injury’s Impact on Compensation

More severe injuries often lead to higher medical expenses, longer recovery periods, and a greater impact on the individual’s life. As a result, compensation sought typically includes not only direct economic damages, such as medical bills and lost wages but also factors in non-economic damages like pain and suffering, emotional distress, and diminished quality of life. Courts and insurers recognize the profound impact of severe injuries, and higher settlements or awards are often justified to address the long-term consequences and challenges faced by the injured party. Legal strategies, expert testimony, and thorough documentation are crucial in highlighting the severity of the injury and securing fair and adequate compensation.

An Injury’s Impact on Case Duration

The duration of settling a personal injury claim can be significantly influenced by the severity of the injury. For example:

Medical Treatment Duration

Severe injuries often require extensive medical treatment, surgeries, and rehabilitation. The duration of medical care can extend the timeline of the claim as the full extent of the injury and its long-term consequences may not be immediately apparent.

Recovery Time

The time it takes for you to recover from a severe injury can influence the claim settlement process. Insurance companies and legal representatives may wait until you heal or reach maximum medical improvement before assessing the full extent of damages.

Complexity of Damages

Severe injuries typically involve complex damages, including medical bills, future medical care costs, lost wages, diminished earning capacity, pain and suffering, and potential long-term disability. Assessing and documenting these damages thoroughly can take time.

Legal Investigation

In cases of severe injuries, a more in-depth legal investigation by your Albuquerque injury attorney and the at-fault party’s insurance company may be required.

Negotiations with Insurance Companies

Insurance companies may take longer to assess and negotiate settlements for severe injuries due to the higher stakes involved. They may engage in thorough evaluations, extensive negotiations, or dispute liability in an attempt to minimize their payout.

Litigation Considerations

In some cases, severe injuries may lead to legal action, extending the time frame for resolution. If a lawsuit is filed, the legal process, including discovery, motions, and potentially a trial, can significantly lengthen the time to settlement.

Injury Severity and Policy Limits

When you sustain significant harm due to another party’s negligence, the available insurance coverage becomes a critical factor in determining the compensation you can receive. In cases where the at-fault party’s insurance coverage has minimum policy limits, it may pose challenges in recovering enough compensation to address the extensive damages associated with severe injuries. Your losses may surpass the available coverage, leaving you potentially undercompensated for your medical expenses, rehabilitation, lost wages, and long-term consequences. As a result, you may have to pursue legal action against the at-fault party personally to collect further compensation.

If you or a loved one has suffered harm due to another party’s negligence, speak to a skilled Albuquerque personal injury lawyer. They can help ensure you recover the compensation you deserve.

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