If you have suffered a bone injury in an accident caused by another party, how is the amount of financial compensation you may deserve calculated? Although there are many factors that may come into play in making that determination, there are certain common factors that will likely apply. The following is a brief overview of these factors. To find out more details about your particular situation, contact a Virginia personal injury attorney.
Medical Evidence
The most critical factor for a personal injury case is the medical evidence that an attorney will present to a jury. When that injury is a fractured bone, the X-rays that were taken during diagnostic testing is a strong visual piece of evidence which can show just how severe the break is. Unlike some other types of injuries that are more difficult to diagnose, such as whiplash, the medical evidence showing a fractured bone are usually indisputable.
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How Much Is the Injury Worth?
In order to be awarded financial compensation for an injury, a Virginia personal injury attorney must prove a dollar value. It is this amount that is often negotiated between the victim’s attorney and the at-fault party’s insurance company. Each side will come up with a value amount and then try to reach a settlement in order to avoid a jury trial. This is done by examining the two questions:
- What is the extent of the physical damages?
- Will the jury find the at-fault party responsible for those damages should the case go to trial?
Calculating the Victim’s Damages
There are two types of damages that a victim may have. The first is economic damages which actually have a quantifiable dollar amount attached to them. Losses such as medical expenses and loss of income fall under this category. It is usually easy to determine how much a jury will award for economic damages since the amount is usually reached by adding these losses up on a calculator.
The second category of damages is more difficult to determine because they do not have a quantifiable dollar amount. These are referred to as non-economic damages. Pain and suffering, emotional anguish, permanent disability, and scarring fall under this type of damage. These damages are harder to predict what a jury would award to the victim should the case go to trial.
To make their determination, the jury may look at the following questions:
- Did the fracture prevent the victim from working?
- Did the fracture affect the victim’s quality of life?
- Did the victim have a prior break in the same place where the current injury is?
Contact a Virginia Personal Injury Attorney
There are many types of accidents which can result in a fractured bone, including car accidents and premises liability accidents. If you have been injured, contact a Virginia accident attorney to find out what legal options you may have against the party responsible for the accident.