Blog Post

Securing Your Future with Knowledge and Confidence - Factors Which Affect Your Personal Injury Claim

By Admin • Mar 14, 2019
Personal Injury Book — Southfield, MI — Bernstein & Bernstein

If you have been injured in an accident and your life has been substantially affected, it can be easy to be overwhelmed by the new changes. You may be struggling to support yourself or dealing with chronic pain, and if you find yourself in that position, it's important that you have the confidence to reach out for help.

Unfortunately, many people find themselves so overwhelmed by the process that they are uncomfortable with getting the assistance they need. If this is your first time dealing with a significant injury, it's important that you understand the factors which may impact the legal process moving forward.

Below, you will find a guide to some things which may determine the outcome of your personal injury settlement. Keeping these factors in mind can help you develop confidence in your case, and can provide you with vital information that may help you know how you're able to contribute to your legal claims.

Assignment of Fault

Many people are under the mistaken belief that a personal injury case involves assigning the totality of fault in an accident to one party. This is very rarely the case. Indeed, it's much more likely that legal proceedings will assign a percentage of blame to each of the parties involved, and adjust the financial settlement in order to accommodate for that assessment.

If you know ahead of time that you are likely to be assigned at least some percentage of blame for your injury, it can ease the shock of finding that out in a courtroom setting. It can also allow you to develop a more realistic expectation of your likely financial payout.

Many people dream of extensive personal injury settlements, but the reality tends to be more conservative when you factor in mitigating circumstances, such as the partial assignment of blame.

Measurement of Loss

Even if your pain and suffering is significant, it may be difficult to quantify in a legal sense. It can be difficult to accept that what feels like a major struggle for you may be closer to a minor inconvenience, but most court proceedings are committed to neutrality. That means that there's likely be a heavy bias toward verifiable data, and a lean away from any kind of emotional appeal.

If you're able to quantify the loss you've suffered as the result of your injury, you're far more likely to receive an outcome that's conducive to your interests. This quantification can include missed work, health care expenses, and even home improvement projects you've had to undertake in order to guarantee comfort and mobility.

Make sure that you document every dollar you have to spend to adjust to your injuries, as that's the only way to be sure those dollars will be properly compensated.

Intervening Factors

In some cases, a substantial injury may be the result of plain bad luck. Though it's understandable to have a great deal of anger after an injury and want to see justice properly handed out, it's possible that the court will decide that outside influences affected the situation in a way that no one could have anticipated.

Make sure that you have as much documentation as possible about the conditions surrounding your accident. This can help guarantee that all variables are properly accounted for and that your justice isn't delayed by uncertainty.

The law firm of Bernstein & Bernstein has the experience in personal injury law to guarantee that you'll receive fair treatment and compensation at the conclusion of your case. Leaning on professionalism and experience can help ease your fears while guaranteeing that you have the support you deserve.


If you have been injured in an accident and your life has been substantially affected, it can be easy to be overwhelmed by the new changes. You may be struggling to support yourself or dealing with chronic pain, and if you find yourself in that position, it's important that you have the confidence to reach out for help.

Unfortunately, many people find themselves so overwhelmed by the process that they are uncomfortable with getting the assistance they need. If this is your first time dealing with a significant injury, it's important that you understand the factors which may impact the legal process moving forward.

Below, you will find a guide to some things which may determine the outcome of your personal injury settlement. Keeping these factors in mind can help you develop confidence in your case, and can provide you with vital information that may help you know how you're able to contribute to your legal claims.

Assignment of Fault


Many people are under the mistaken belief that a personal injury case involves assigning the totality of fault in an accident to one party. This is very rarely the case. Indeed, it's much more likely that legal proceedings will assign a percentage of blame to each of the parties involved, and adjust the financial settlement in order to accommodate for that assessment.

If you know ahead of time that you are likely to be assigned at least some percentage of blame for your injury, it can ease the shock of finding that out in a courtroom setting. It can also allow you to develop a more realistic expectation of your likely financial payout.

Many people dream of extensive personal injury settlements, but the reality tends to be more conservative when you factor in mitigating circumstances, such as the partial assignment of blame.

Measurement of Loss


Even if your pain and suffering is significant, it may be difficult to quantify in a legal sense. It can be difficult to accept that what feels like a major struggle for you may be closer to a minor inconvenience, but most court proceedings are committed to neutrality. That means that there's likely be a heavy bias toward verifiable data, and a lean away from any kind of emotional appeal.

If you're able to quantify the loss you've suffered as the result of your injury, you're far more likely to receive an outcome that's conducive to your interests. This quantification can include missed work, health care expenses, and even home improvement projects you've had to undertake in order to guarantee comfort and mobility.

Make sure that you document every dollar you have to spend to adjust to your injuries, as that's the only way to be sure those dollars will be properly compensated.

Intervening Factors


In some cases, a substantial injury may be the result of plain bad luck. Though it's understandable to have a great deal of anger after an injury and want to see justice properly handed out, it's possible that the court will decide that outside influences affected the situation in a way that no one could have anticipated.

Make sure that you have as much documentation as possible about the conditions surrounding your accident. This can help guarantee that all variables are properly accounted for and that your justice isn't delayed by uncertainty.

The law firm of Bernstein & Bernstein has the experience in personal injury law to guarantee that you'll receive fair treatment and compensation at the conclusion of your case. Leaning on professionalism and experience can help ease your fears while guaranteeing that you have the support you deserve.

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In a society where unforeseen circumstances can disrupt our lives in an instant, having a safety net is crucial. Social Security Disability Insurance (SSDI) serves as that essential lifeline for individuals who are unable to work due to a disability. However, navigating the complex process of applying for SSDI benefits can be overwhelming and challenging. This is where retaining an attorney becomes invaluable. Here are several reasons why seeking the assistance of an attorney is paramount in securing Social Security Disability benefits: Expertise in the Legal Process: Applying for SSDI benefits involves a myriad of legal procedures, forms, and deadlines. An experienced attorney specialized in disability law possesses an in-depth understanding of these intricacies. They can guide you through every step of the process, ensuring that all necessary paperwork is completed accurately and submitted on time. Thorough Evaluation of Eligibility: Not everyone who applies for SSDI benefits qualifies for approval. Attorneys can assess your case thoroughly to determine your eligibility based on the Social Security Administration's (SSA) stringent criteria. They can advise you on the strength of your case and provide strategies to enhance your chances of approval. Gathering Medical Evidence: Medical evidence is the cornerstone of any successful SSDI claim. Attorneys can assist in gathering comprehensive medical documentation from healthcare providers to support your disability claim. They understand the type of evidence required by the SSA and can ensure that your medical records accurately reflect the severity of your condition. Representation at Hearings and Appeals: If your initial SSDI application is denied, you have the right to appeal the decision through a hearing before an administrative law judge. Having legal representation during these proceedings is invaluable. Attorneys can prepare you for the hearing, cross-examine witnesses, and present compelling arguments on your behalf, significantly increasing your chances of a favorable outcome. Navigating Complex Legal Issues: Disability law is intricate and subject to frequent changes. Attorneys stay abreast of these legal developments and can navigate any complex issues that may arise during the SSDI application process. Whether it involves understanding SSA regulations or interpreting case law, attorneys have the expertise to address these matters effectively. Maximizing Benefits and Avoiding Mistakes: The SSA's rules and regulations regarding SSDI benefits are stringent, and even minor errors in your application can lead to denial or delays. Attorneys can help you maximize your benefits by ensuring that your application is error-free and that you receive the full extent of benefits you are entitled to.  Peace of Mind: Dealing with a disability and the subsequent financial strain can be incredibly stressful. By entrusting your SSDI claim to a knowledgeable attorney, you can alleviate much of the burden associated with the application process. You can rest assured knowing that your case is in capable hands, allowing you to focus on your health and well-being. In conclusion, retaining an attorney to assist you in obtaining Social Security Disability benefits is not just advisable—it's essential. From navigating the intricate legal process to representing you at hearings and appeals, attorneys play a vital role in ensuring that you receive the benefits you deserve. If you're facing a disability and seeking SSDI benefits, don't hesitate to seek the guidance of an experienced disability attorney. It could make all the difference in securing your financial future and peace of mind during challenging times.

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