Every case is pretty different. This implies it is not a straightforward task to place a standard compensation number on a personal injury settlement. You certainly need the additional assistance of a personal injury attorney to decide and approve of the compensation that you should demand.
Usually, there are loads of variables that determine as to how much compensation you should receive in a personal injury settlement. Here is a list of factors that usually affects the value of your personal injury case:
Place where the Lawsuit is filed
Different cities or counties have slightly different personal injury laws. Each city could place a higher value on different factors such as suffering. So, the city or county where the case is heard determines a lot of things. The location where the suit is heard can also impact whether you shall be offered an out-of-court settlement or not. This gets more prominent if your area often rewards large settlements to personal injury plaintiffs in similar cases.
Precedence in a Similar Case
Courts usually prefer using precedence since it saves time. Also, one other reason is that it makes sense that if a similar case has already been argued, then most of their work is already done. A jury or a judge could get a lot of help from past verdicts in personal injury cases. They can learn how to lean a certain way to justify their own compensation rewards for a personal injury.
Case of shared fault
Once a judge or jury decides on how much a personal injury should be compensated, they still might adjust that amount based on several other factors. These factors include how much they deem you were at fault for the cause of the injury. Shared fault would decrease considerably.
Details associated with Medical Expenses
Your settlement is not only affected by the timing of your medical treatment and when you filed a claim, but is also impacted by the fact as to with whom you sought medical help from counts. In case you used a clinic that seems to always provide treatment to accident victims, then it is likely that they are increasing their costs since they expect lawsuit compensation to pay for it.
You might have been involved in an accident with a few other people. This implies multiple claims are being filed against one entity for compensation. The maximum coverage on insurance policies might be reached quickly. This clearly indicates that plaintiffs will then have to turn against each other to prove who deserves a larger portion of that compensation.
Serious or hard Injuries
Being the victim, you might be getting treated for intensely severe injuries. This involves you having to deal with injuries like bone fractures, head injuries, spinal injuries and nerve damage that are life-altering to a certain extent. These are treated more seriously in a personal injury case because of medical diagnostic scans. These scans include like X-rays and MRIs can clearly prove the damage that has been done.
Amount of foolproof Evidence
You shall be able to prove your injuries were the fault of someone else only if you can show valid pieces of evidence. This shall play a great role for you in getting compensated for pain and suffering. Your personal injury attorney is bound to play a significant role by investigating your case in-depth and collecting all the suitable pieces of evidence to make your case stronger.
Here is a list of the factors that indicate that a higher multiplier might be applied to calculation of your medical expenses:
- Hard injury
- Medical expenses that are primarily for treatment
- Medical treatment by a medical doctor, clinic, or ¬hospital — see The “Right” Medical Treatment Increases the Settlement Value of an Injury Claim
- Prescribed medication related to the injury
- Long-term injury treatment period
- Long recovery period
- Permanent injury — such as a scar, stiffness, weakness, or loss of mobility
- Physical or emotional distress resulting from the injury, and
- Daily life disruptions — missed school or training, missed vacation or recreation, canceled special event
Here are some factors that indicate that a lower multiplier may be applied to calculation of your medical expenses:
- Soft tissue injury — such as sprain, strain, or bruise
- A large part of your medical expenses are for diagnosis rather than for treatment
- Medical treatment by non-M.D. providers
- No medication has been prescribed in connection with your injury
- Only brief medical treatment (a few visits to the doctor, for example)
- A short recovery period for your injuries
- No residual or permanent injury, and
- No physical or emotional problems other than original injury
Factors likely to get you higher compensation after the formula is applied include:
- No shared fault for the accident on your part
- Your organization and calmness in connection with the claims and settlement process.
- The insured on the other side is not credible or sympathetic
- Witnesses who bolster your case, and
- Some “dramatic” advantage
Here are some factors that are likely to get you lower compensation after the formula is applied includes:
- A finding that you shared some of the blame for the accident or your injuries
- Disorganization or impatience on your part
- A sympathetic insured on the other side, and
- No witnesses that bolster your side of the case, or witnesses who favor the insured