How Do Courts Determine Personal Injury Damages?

personal injury

Personal injury Charleston WV typically does not end up in court. In fact, 95 percent of the cases are settled out of court. However, if your case does go to court, then you will need the help of Charleston WV personal injury attorneys. There are several things that the court will use to determine how much compensation you can get.

The Evidence 
The jury will ask for evidence to prove that the personal injury occurred. They will ask to see medical record and expenses. They will also ask for documentation to prove that you have missed work due to your injury. Additionally, they may ask for documentation that shows how much money you have lost due to your missed days at work.

The court will take your age into consideration. Children and adults will typically be awarded a bigger settlement than an older person. The reason that young people typically get bigger settlements is because they have lost more of their productive years.

Percentage of Fault 
West Virginia is a comparative fault state. This means that even if you were partially at fault for the personal injury, you may still be able to get compensation. The only way you will not be able to get compensation is if you were equally or more fault for the accident.

The percentage of fault will be used to determine how much compensation you can get. For example, your personal injury claim is worth $100,000. However, you are 20 percent at fault for the accident. You will get $80,000.

Call Freeman & Chiartas 

You need an attorney who specializes in Charleston WV personal injury law. Your attorney will do everything that they can to convince the court to give you the maximum compensation possible. They can also help you put together all of the necessary evidence.