Factors Affecting the Value of Your Personal Injury Settlement
If you are involved in a claim for personal injury, determining your settlement’s value is crucial. The value of a settlement isn’t random. It can be influenced in many ways, making your case worth more or less. This article will discuss the major factors that determine the value of the personal injury settlement.
1. The Severity of the Injuries
The severity is a major factor that determines the value of a settlement. Higher settlements tend to come with more serious injuries. For instance, a traumatic injury such as a brain, spinal, or permanent disability may lead to more significant settlements than minor injuries.
2. Medical Expenses
Costs of treatment and care are a major factor when calculating your settlement. Include hospital bills, doctor visits, surgery, medications, rehab, and future medical needs. The more expensive your medical bills are, the greater your chances of receiving a settlement that covers these costs.
3. Future Earnings and Lost Wages
In calculating your settlement, you must include the financial losses resulting from your injuries. Make sure you document any lost wages. This includes paid time off, sick leave, or other paid time. If your injuries are likely to impact your ability to work long-term, a future estimate of lost earnings could be included.
4. Pain and Suffering
However, the damages for pain and suffering are not economic and are more difficult to quantify. These damages compensate the victim for their physical pain, mental distress, and the overall impact that the injury may have on their quality of life. The length and severity of the pain you have suffered will affect how much money is awarded to you.
4. Liability for Negligence
The issue of negligence or liability is an important factor in a personal injury case. It can be a strong case if the other side was negligent. A higher settlement may follow. Conversely, your settlement could be reduced if your actions resulted from shared fault or contributed negligence.
5. Pre-existing Conditions
Medical conditions that pre-exist can complicate personal injury claims. Insurance companies can argue that injuries are due in part or whole to pre-existing health conditions rather than an accident. Your lawyer must show how your accident exacerbated and worsened pre-existing injuries to maximize your settlement.
6. Documentation of Evidence
Strong documentation can impact your settlement in a big way. Included are accident reports, medical records, photographs from the accident scene, witness statements, and other evidence to support your case. Your case will be stronger, and your settlement offer will be higher if you provide more compelling evidence.
7. Duration of Medical treatment
The length of your treatment can influence your settlement. Treatment or rehabilitation that lasts longer may indicate injuries of greater severity, which could result in a more significant settlement. A treatment’s duration can also influence the calculation of future medical expenses.
8. Statutes Limitations
The statute limits the time you have to file an injury claim. You must meet this deadline to retain your right to compensation. To obtain a settlement in your area, you must understand and comply with the statute of limitations.
9. Emotional Effect
Your emotional impact on your injuries may affect your settlement. This includes psychological trauma or anxiety, depression, or post-traumatic stress disorder. These emotional impacts can increase the overall settlement value.
Conclusion
To calculate the settlement value, you must consider several factors. Each case is different, and the interactions of these variables will vary. You should consult with a personal injury attorney for the best possible settlement value. This lawyer will be able to assess your specific case and assist you in navigating the negotiation process.
