Factors Affecting Damages

Factors Affecting Damages - Nature, Extent and Duration of Injury

Three significant factors determine the amount of damages awarded:

  • The nature of the injury
  • The extent to which the person was injured
  • Duration that the person suffered from the injury

For instance, if you sustained severe physical trauma (such as skeletal, ligament or nerve damage), you would be more apt to collect more money for damages than you would if your injury was considered minor, such as whiplash or back strain. X-rays, CAT scans and other supportive documentation are essential in severe cases.

The permanence of the injury and the extent of treatment required are also important factors affecting damages in your personal injury claim.

Personal injury laws vary from state to state. Pennsylvania and New Jersey follow a system using a modified form of comparative negligence, in which injured parties can only recover to the extent that they are not negligent as long as they are not more than 50 percent at fault.

Defendant Liability

The person or party at fault is considered in a personal injury claim. If the defendant is totally at fault, the compensatory damages awarded to the victim will be the full amount requested. In some cases, more than one defendant may be involved. When this happens, damages may be assessed in proportion to each defendant's fault.

However, if you the victim are found to be partially at fault in the incident, the amount of damages awarded may be reduced.

Contact a Personal Injury Lawyer with Our Firm

Personal injury cases are complicated. We can help. If you have suffered an injury in Pennsylvania or New Jersey, contact Flager & Yockey, P.C. We'll provide you with the knowledgeable representation you need and the personal attention you deserve.

Call (215) 953-5200 or 1-888-470-1099 today for your free personal injury consultation.

Remember, you don't pay us unless you win.