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5 Factors Affecting Your Insurance Claim

After an auto accident, you may find yourself needing to file an insurance claim against a negligent driver. There are several factors that can influence how much money a jury will award you if your case goes to court. Some of these factors include:

Marital Status

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The jury considers married people, especially those who have been married for a considerable length of time, more stable and reliable than those who are not. Longer relationships make a person appear more stable, which increases the likability of the plaintiff in the eyes of the jury. Living with a significant other can also cause the jury to view a plaintiff as stable. The jury tends to award those they view as stable greater compensation.

Furthermore, you can receive compensation if you have suffered a loss of consortium with your partner. A loss of consortium claim reflects the loss of a meaningful relationship, due to injury or death. This claim requests compensation for loss of companionship, love, affection, comfort, social, and/or sexual relations. The latter is considered a significant and life-altering loss; as a result, the jury will likely award a higher settlement. 


The weight of the injured party can significantly impact their insurance settlement. The heavier a person is at the time of their accident; the more likely they will sustain injuries, and the more likely those injuries are to be severe. As a result, the injured party will require more compensation to cover their medical bills.

  However, if the case goes to trial, the jury may be frugal when awarding an insurance settlement, if the plaintiff is overweight. This is due to several factors. Firstly, it will be harder for a jury to see a significant impact on the life of the injured party. It will be presumed that the injured party, especially if they are severely overweight, didn’t suffer significant mobility loss from their injuries.

Secondly, the jury is more likely to award higher claim values to slimmer plaintiffs. Typically, people tend to be more sympathetic towards those they consider “attractive”. Therefore, these people may receive higher settlement values. However, this usually is not a conscious decision, but rather an unconscious bias.

Lastly, weight gain following an accident can increase the value of a claim; so long as the plaintiff can prove that their weight gain was a direct result of their accident. 


Gender can impact the likelihood, as well as the type of injuries sustained in an auto accident. For example, females are more likely to sustain severe injuries, while males are more likely to perish in an auto accident. 

Furthermore, gender can impact the claim value of scarring or disfigurement. Women will generally receive higher awards for these injuries; these injuries are viewed as more emotionally distressing for women.

Employment Status & History

Juries tend to view those who have held the same job for a while as more stable than those who job-hop. However, it is alright for a person to make frequent job changes if these job changes cause a person to take on more responsibility. 

Additionally, if you had a job at the time of your accident, and stopped working because of your injuries, you can receive compensation for wage loss. These benefits will increase the worth of your case, and result in a higher personal injury settlement. 


The age of the injured party can impact the amount of insurance settlement the jury is willing to award them. Typically, the jury favors minors, children, and those aged 65+, as generally, these people appear more likable in court. 

Generally, older people receive less compensation in regard to pain and suffering, as compared to younger people. This happens because younger people have a longer period of time in which they must endure their pain.  

Furthermore, adults may be assigned some fault for their accident reducing their insurance settlement. However, children under the age of six cannot have any liability, and as a result, their settlements will not be reduced. 

Were you or someone you know involved in a recent auto accident? Call Auto Accident Care Network now at 801-683-1948 to connect with a live care advocate. Our team at AACN can connect you to trusted attorneys and doctors to schedule a free legal consultation, a free thirty-minute massage, and a no-cost medical exam