Factors that Can Affect a Personal Injury Settlement |
Posted: February 15, 2018 |
When you experience serious injuries due to someone else's negligence, it often makes sense to pursue compensation for the harm you have suffered. What many of our clients wonder, however, is how much compensation they deserve. The answer to that question will always depend upon each person's particular situation. No two cases ever look exactly alike, which means that the amount of settlement a personal injury attorney pursues will never be exactly the same from case to case. However, there are a number of factors that can and should influence the amount of your personal injury settlement. Here are just a few of them.
Medical Bills Perhaps the most obvious and straightforward factor influencing the amount of a personal injury settlement is the amount that is paid in medical bills. These bills include all of the money you have paid so far for treatment, as well as the amount of money your injuries are expected to cost you as you complete treatment. Your personal injury lawyer will take these bills into account when deciding how much settlement to pursue. Amount of Fault In situations such as car accidents, the degree to which you are at fault will determine how much compensation you can receive. For example, if you are determined to be 40 percent at fault, you would be eligible to receive 60 percent of the damages caused by the accident (i.e. You would receive $60,000 of a $100,000 claim). It is important, therefore, to hire a professional car accident lawyer who can aggressively and promptly obtain the evidence needed to help you receive as much compensation as you deserve for injuries sustained in a wreck.
Length of Recovery Some injuries require a longer recovery period (i.e. Long hospital stays, rehab, multiple surgeries) than do others, and some injuries leave permanent scars, damage, or even disability. When it comes to the amount of your personal injury settlement, the length of recovery you underwent and the existence of any permanent impacts from those injuries will often be taken into account. In general, longer recoveries and permanent damage will result in larger settlements. Pain and Suffering The correlation between longer recoveries and larger settlements is due in part to the fact that they indicate that you underwent a greater amount of pain and suffering. Pain and suffering refers to the physical trauma you experienced as a result of your injuries. For example, your personal injury attorney or malpractice lawyer might ask questions such as, did you have many surgeries? Were you on pain meds for a long time? Did you need to undergo rehab? Did you break bones? Do you have chronic pain or permanent disability from your injuries? All of these factors indicate that you experienced a great deal of suffering for which you may receive compensation. Lost Wages The suffering created by serious personal injury does not end with medical bills and pain and suffering. Instead, these kinds of injuries can also result in lost wages as a result of missed work. For example, you may miss 3 months of work due to your injury, earning either no income or reduced income from short term disability. You may become permanently disabled as a result of your injury and lose out on a lifetime of wages. Your personal injury attorney will take into account the pay you missed out on as the result of hospital stays, treatments, disabilities, etc. so you can pursue compensation for the financial losses you suffered as a result of your injuries. Emotional Distress Car accidents, medical malpractice, and other sources of personal injury can cause deep emotional distress. You may even need to meet with a therapist or receive other treatment for the emotional effects of your injuries. If this is the case, you may be able to recover some compensation for the emotional distress you suffered, especially if it is well documented. Your malpractice lawyer or personal injury attorney can help determine how much your distress might add to the settlement you pursue.
Property Damage In some cases (such as in the event of a car accident), you may also be able to recover the damage caused to your property. A relatively straightforward calculation, your car accident lawyer should be able to add the value of the damage caused to your car or other property to your settlement (or add the appropriate percentage, if you are partially at fault). Punitive Damages Punitive damages may apply to your personal injury settlement if you suffered as the result of gross negligence or fraud. Awarded by the judge, these damages are compensation that goes above and beyond what your settlement deserves as a result of other factors, such as those listed here. Their intent is to punish the person who has to pay them, because of the extent to which negligence other actions contributed to your injuries. Of course, these are not the only factors that can contribute to the amount of a personal injury settlement. There are other, less tangible, factors that can influence how much settlement you pursue, and how much is awarded to you. However, these are the major categories that can change the amount of settlement you receive for a personal injury.
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