Factors Affecting The Amount Of Damages Awarded

In a personal injury case, the most important factors which determine the amount of damages awarded to the injured person are the nature, extent, and duration of the injury or injuries. A severe case involving skeletal, ligament, or nerve trauma is more apt to qualify for greater compensation than a minor case of whiplash or back strain, painful as the latter conditions might be. Furthermore, severe injuries are strongly supported by medical documentation such as x-rays and CAT scans, whereas some soft tissue injuries involving only muscle are difficult to detect by standard procedures. Other medical elements contributing to the viability of one's personal injury case include the permanence of the injury as well as the extent of treatment required, such as surgical intervention and/or long-term rehabilitation. Clearly, cases that can be supported by solid medical documentation have the potential for greater monetary damages to be awarded.

In a personal injury case, the defendant's liability (or degree to which he or she is at fault) must be determined. If an individual is completely responsible for an injury suffered by another, the compensatory damages awarded to the victim will be the full amount requested. If, however, the victim is found to be partially at fault in the incident, the amount of damages awarded may be reduced. In some instances, there may be more than one viable defendant and damages may be assessed in proportion to each defendant's culpability.

In Louisiana, the degree or percentage of fault of all persons causing or contributing to an injury is quantified, even if a person at fault cannot be made a party to the suit. The injured person can only collect that percentage of damages which reflects the percentage of fault allocated to the other parties in the suit. For instance, if you are 30 percent at fault for an accident, you could recover 70 percent of your damages. If you are 70 percent at fault for an accident, you could recover only 30 percent of your damages. All of the other parties alleged to be at fault would then be responsible for paying you 30% of your total damages, apportioned between them in proportion to the amount of fault assigned to them.

The witnesses who testify on your behalf can greatly affect the outcome of your case. Ideally, a witness should be able to describe in detail the events of the accident to help establish liability on the part of the defendant. Witnesses whose purpose is to establish damages should be able to clearly describe the victim's condition prior to the accident tso as to fully delineate the change in quality of life that the victim has undergone. It is essential that the witness be viewed as reliable by the jury. Since both the plaintiff and the defendant often rely on expert witnesses to support their cases, the plaintiff must be sure that the experts utilized on his or her behalf are very well-versed and highly-regarded in their respective fields.

If you or a loved one is in need of legal assistance, please call Kleinpeter & Schwartzberg, L.L.C. at (225) 926-4130 or toll free (800) 548-6130 anytime during regular business hours, Monday-Friday (8:00 AM to 5:30 PM), or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will usually work on a contingency fee basis, which means we get paid for our services only if we recover money for you. Remember, if a lawsuit is not filed within the time limit set by law, all rights may be lost forever. Only an attorney, based on the factual information provided by the client, can determine for sure the applicable prescription period (time limit). Please do not delay in seeking legal assistance to ensure that you do not waive your right to possible compensation.