A personal injury is any emotional anguish or physical harm a person suffers through no fault of their own such as an injury from a faulty product, negligence at work, etc. When filing a lawsuit against the person or company that caused the injury they will hire a personal injury attorney. The person filing the personal injury claim is referred to as the plaintiff. What a person can win in these type of lawsuits depend on a variety of factors. It can depend on the type of injury received, the treatment methods, and the laws of that particular jurisdiction. If the person has any preexisting conditions this could also factor into the verdict.
The chief factor in determining the verdict of a personal injury lawsuit is the laws in that jurisdiction. Each jurisdiction has different laws in regards to:
• How fault is determined
• How the level of harm is accessed
• The type of personal injury it is
Some jurisdictions even have unique laws when determining the type of evidence that is admissible in court.
Another important factor is what type of harm the plaintiff has suffered such as physical, mental, or emotional injuries. The cases involving physical injuries are easier to decide the verdict because there are medical records documenting the injury. The person may also have scars from the injury.
Treatment received is another factor because if the person has been treated multiple times for the injury they have a better chance of winning their case. It is also important that the treatment received is reasonable for the type of injury that the person has suffered. If the treatment the plaintiff claims to have received does not seem to match the injury suffered or the treatment has been stretched by a reasonable length of time the jury or judge may be less likely to believe the person. This can result in the plaintiff not receiving anything for their claim or a lesser amount than they were requesting.
If the plaintiff has any preexisting conditions they can also affect the verdict. In order for the personal injury lawyer to win the case the plaintiff will usually have to demonstrate that the person or company caused the personal injury they are suing for. If the person already has a medical condition that is similar to the personal injury he is claiming happened it could influence the verdict. One example is if the plaintiff has a preexisting back injury and then files a personal injury lawsuit claiming they hurt their back at work, the jury or judge may think the injury at work made his preexisting condition worse or the pain the plaintiff is feeling is also because of the preexisting medical condition.
This article is penned by Lora Davis for the personal injury lawyer firm Hamilton & McInnis, L. L. P. Hamilton & McInnis, L. L. P. is a full service law firm committed to providing its clients with aggressive and effective representation. If you are looking for experienced law firms San Diego then look no further. Call Hamilton & McInnis, L. L. P. at 877-850-6624 today.
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