Factors That Affect Compensation for a Personal Injury Claim
Posted in Lawsuit on December 6, 2021
If you plan on filing a personal injury lawsuit, you may wonder how much compensation you can expect to receive. In Missouri, damages in personal injury claims vary based on the individual losses that the plaintiff experienced. Certain factors influence the value of a personal injury settlement, such as medical expenses, property damage, and time away from work.
Damages Available in Missouri Injury Claims
In Missouri personal injury claims, you have the right to recover two types of compensation: economic damages, which involve financial losses, and non-economic damages, which are known as pain and suffering. Common types of damages available in Missouri injury claims include the following.
- Past and future medical expenses
- Lost wages
- Loss of future earnings and benefits
- Property damage
- Chronic pain
- Disability accommodations
- Rehabilitation and physical therapy
- Emotional distress
- Mental anguish
- Post-traumatic stress disorder
- Depression and anxiety
- Loss of quality of life
Which Factors Impact the Value of a Personal Injury Settlement?
The value of a personal injury settlement depends on the circumstances surrounding your case. Many factors can affect the value of a personal injury case, including the severity of your injuries, the length of your recovery time, and the extent of your property damage.
In many cases, the bulk of a personal injury settlement is intended to pay for medical expenses. If you sustain very severe injuries in your accident, you will likely require extensive medical care. Surgeries, prescription medications, and specialized treatments, such as rehabilitation and physical therapy, can be very expensive.
If you sustain permanent complications due to your accident, you will also require long-term care, which can further increase the value of your award. The cost of accommodations, such as mobility equipment or modifications to your home or vehicle, can also impact your settlement value.
Insurance Policy Limits
Under Missouri law, all drivers are required to carry certain amounts of liability insurance. Missouri sets minimum thresholds, but drivers can purchase more coverage if they wish. If you plan on filing an insurance claim after your accident, you can only recover compensation up to the at-fault party’s policy limits.
In these situations, you may want to file a lawsuit instead of an insurance claim. Personal injury lawsuits are not subject to policy limits, and you have a higher chance of recovering maximum compensation. Speak to an attorney to identify your optimal path to compensation.
Time Away from Work
After an accident, you may need to take time away from work to recover from your injuries and seek medical care. In a personal injury claim, you can recover compensation for the wages that you lost due to your injuries. The longer that you are away from work, the higher this portion of your award can be.
If your injuries prevent you from returning to your job, you can recover compensation for the loss of future earnings and benefits, further increasing your award. Additionally, many pain and suffering formulas are based on the number of days that you are away from work. If you have a long recovery time, you may see a higher pain and suffering award.
Speak to a Missouri Injury Attorney
If you plan on filing a personal injury lawsuit in Missouri, you need an attorney on your side. A lawyer can protect your best interests and advocate aggressively for your maximum compensation. Contact a Kansas City personal injury lawyer as soon as possible to discuss your legal options.