The Factors Considered When Calculating a Personal Injury Settlement

The Factors Considered When Calculating a Personal Injury Settlement

Imagesource

Personal injury claims or lawsuits ensue when the careless actions or negligence of one party results in harm to a person or entity. Cases of personal injury include medical carelessness, defamation of character, car accidents, assault and battery, or even being bitten by the neighbor’s dog.

In the event of these harmful incidents, you might feel devastated, and the first thought on your mind would be “How do I fix this?”. In the case of car accidents, getting medical attention would be the first line of action. Getting legal action and a settlement would be next in order.

Various factors are taken into consideration when evaluating the worth of your settlement case, such as state laws concerning settlement and the statute of limitations. Getting a legal adviser who knows the ins and outs of these laws can ensure that the question “How much is my case worth?” is credibly answered to aid your decision-making and get the full value your case deserves. Some of these factors are:

Comparative Negligence

This factor estimates how much involvement you had in the injury. For example, if in a work accident, you had a 10% involvement in the personal injury, or if in a car accident, you had a 40% involvement in the cause of the accident, your eventual settlement would be reduced by the percentage of your involvement in the accident. If the settlement was supposed to be 10,000 dollars, in the above-mentioned example of the work or car accident, you would be awarded 9,000 dollars or 6,000 dollars, respectively.

Economic Damages

Here is where the physical and economic damages of your personal injury claims are evaluated. This includes wages lost during recovery from the accident, your medical bills (both current and future medical expenses due to the accident), and physical damages to property.

For example, it is expected that the settlement claims will cover the payment of bills involving physical rehabilitation, Medicare, treatment of injuries (if the accident caused bodily harm or injury), and medication. It should also cover the cost of subsequent medical checkups and treatments as a result of the incident. In a scenario where properties are damaged, for example, a car, a professional should estimate the extent of these damages, and those calculating the settlement should consider compensating for these damages as well.

Impact on Emotional Health and Quality of Life

This includes the various ways your mental and emotional health were impacted by this accident. For example, in a case of defamation of character, considerations should be made about the cost of therapy and the extent to which the affected individual’s reputation was damaged.

Also, how the event caused a reduction in the individual’s quality of life should be assessed. A case of assault and battery, which might have resulted in the loss of limbic function for the victim, leading to a change in the line of work, creates the possibility to legally pursue remuneration for the difference in earnings between the jobs the individual had and the one the accident forced the individual into.

Evidence and Documentation 

While all the above-mentioned factors are important, clear documentation of evidence is imperative to getting the full value of your personal injury settlement case. This includes the documentation of your medical expenses, doctor’s assessment reports, proof of bodily harm or damage to property, concrete evidence of full or partial liability on the part of the offender, and other related factors. These pieces of evidence provide firm backing to your claims, which would then be presented by your attorney.

Insurance Policy Limits

The at-fault party’s insurance policy limit can determine, to some extent, how much settlement you get. If the insurance coverage has a low limit, it may reduce the compensation you receive to cover your damages.

Other factors that can determine a personal settlement case include pre-existing health conditions, the age and occupation of the victim, and the extent of pain and suffering inflicted. 

Source: Enjuris.com

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top