What is the main goal of making an injury or accident claim? Well, you make a claim to get compensation. And you get compensation because you’ve suffered an injury or an accident that caused physical hurt, mental stress, and financial loss. And due to this injustice that you suffered, the law states that you are within your rights to make a claim.
But how does a claim work? And what factors go into deciding how much compensation you are legally entitled to? We will answer these questions in this blog and give you a deeper look into claiming compensation.
The idea behind it is simple. If you suffer an injury or an accident, and you feel as though someone else was responsible for this because of either neglect or deliberation, then you will have to gather evidence such as photos, videos, eyewitness statements, medical reports, and such. And then, you will go to a personal injury solicitor in Edinburgh or one that is in the area where you live, and you begin the process of making a claim.
In that process, you will work with your solicitor to form an argument that you will present to the insurance company and work to convince them of the fault of the other party in the incident and how you deserve compensation. A part of the entire process is figuring out the estimated amount of compensation you are entitled to. There are many factors that go into deciding how much you actually should get.
Factors that Influence the Compensation Amount
Kind of Injury
Injuries can occur all over the body. And the final amount of compensation is very dependent on where you suffered your injury. There are parts, such as your toes or your wrist, that, if injured, get a lower amount of compensation than a back injury, a head injury, or a neck injury. And if you suffered injuries in multiple places, then the total damage is combined to calculate the final compensation.
Extent of Injury
Of course, the extent of injury also heavily influences the amount of compensation that you get. If the injury is relatively light, you are sure to recover from it quickly. But if the injury you suffer is severe, then the compensation amount is increased. This is especially apparent in injuries to your head, back, and neck since they are sensitive areas. A mild head injury that caused some damage will have a lower amount to claim than a severe injury that affects your mental state and causes memory loss, and even lead to a vegetative state.
Extent of Negligence
This factor is a bit more complicated, but it surely matters. The extent of involvement and negligence by the person or entity that you are accusing of being involved in your injury can have an impact on the amount that is decided upon. If the person or entity were heavily and solely involved in the injury you suffered, then the compensation amount will be maximised, but if their negligence was not considered significant enough, then the final amount will be lower.
Mental impact matters a lot when deciding the compensation amount. You don’t necessarily have to have a head injury for it to have a mental impact. Many people, due to the severity of the injury, develop conditions such as PTSD, anxiety, depression, and more. And with that taken into account, their quality of life is significantly reduced. Though it is hard to quantify exactly how severe a mental illness can be, a psychiatrist can decide whether a person has a certain condition due to the injury and if it should factor into the compensation amount.
Many people suffer injuries that put them out of commission for a long time. Because of this, they can’t work as they used to until they heal, and in some cases, they can’t work permanently. And if the injury is very severe, then hospital bills also become a factor. This kind of financial loss is taken into account very significantly when deciding the final compensation amount.
With all these factors taken into consideration, the final amount is decided. And then, you can put this amount forward when you submit your compensation claim to the insurance company. If you want to do a preliminary calculation of how much you can claim, you can use the personal injury claims calculator for Scotland that can give you a basic idea of how much you can claim for. And if you are looking for a lawyer, then you can contact Wallace Legal today and book a consultation.