Factors That Can Affect Your Compensation After a Fall

Experiencing a fall can disrupt your life significantly, leaving you with physical pain, emotional distress, and a pile of medical bills. Granted, if your fall is a consequence of someone else’s negligence, you are entitled to compensation covering your medical expenses, loss of income, and regular daily activities hampered by your injury. Not all compensations amount to the same, however, as different factors can influence the total monetary recompense you receive as a result of your fall. In such situations, hiring a personal injury lawyer could be crucial to ensure that you get the rightful compensation.

Establishing Liability and the Role of a Lawyer

Arguably, a significant determinant of the compensation amount revolves around the establishment of liability. This essentially means determining whether someone else was at fault for the circumstances that led to your fall, which can often be tricky to prove. Consulting with a slip and fall injury lawyer in San Diego, or wherever the incident occurred, is beneficial as their expertise and understanding of the local regulations can guide you in the correct collection and presentation of evidence to support your claim.

Determining Severity of the Injury

The severity of the fall’s injury also plays a crucial role in establishing the potential compensation. If the fall results in broken bones, head trauma, or any severe injuries requiring extensive medical treatment, then the compensation tends to be higher. This also applies to injuries that permanently affect your quality of life or incur ongoing medical costs. Documenting your injuries accurately, including photos, medical reports, and tracking all medical expenses, is crucial to illustrate the severity of the injury to the court.

Contributory Negligence in Fall Cases

Another factor that could impact potential compensation is contributory negligence –your level of responsibility for the fall. Most states use either a comparative negligence or contributory negligence system. In some cases, if your actions contributed to the accident, your potential compensation might be reduced proportional to your level of fault. If you are deemed to be primarily at fault, you could be barred from receiving any compensation at all, emphasizing the importance of hiring a personal injury lawyer to navigate these complexities.

Impact of Pre-existing Conditions

It’s worth noting that pre-existing medical conditions could influence the outcome of your claim. If the fall aggravated a pre-existing condition, the accountable party might argue that they shouldn’t be fully liable for the resultant medical bills. It’s essential to disclose any pre-existing conditions to your attorney beforehand to counter these arguments effectively.

The Impact of Emotional Distress

Often overlooked, the emotional distress resulting from a fall can also influence the compensation amount in a case. This refers to emotional suffering, such as fear, anxiety, depression, and disruption to your daily activities. However, it can be challenging to quantify emotional distress, making it once again invaluable to have a knowledgeable personal injury lawyer on your side.

Effect of Insurance Coverage

Lastly, the defendant’s insurance coverage may also limit the amount of compensation you can recover. If the liable party is uninsured or underinsured, it may be more challenging to receive full compensation. In some instances, your attorney can help by investigating other potential sources of compensation.