Factors that Influence Settlement Value in a Personal Injury Case

Victims of accidents have plenty of hardships to go through. They have to concentrate on their recovery while managing their expenses at the same time. If the victim is hospitalized, there’s insurance filing that they have to worry about. Victims who are business owners have their own share of troubles.

It’s not that filing a personal injury case will take the victim back to the time before the accident happened. A case is just a tool to get your life back on track.

A personal injury case is both beneficial and difficult. This is why it is recommended not to face a personal injury case alone. Consider a top dog in the legal field, like attorney Stewart J. Guss, to handle your personal injury case. You’re sure to get the compensation you deserve.

With the help of a lawyer, you’ll have a better idea of the factors that have a positive and negative influence on your settlement. This article sheds light on this aspect. Read on to find out more.

The Positive Influence

The following factors will contribute to a better settlement.

The Severity of the Injuries

Compensation for injuries like fractures, traumatic brain injuries (TBI), or burns is vastly different when compared to minor cuts and scrapes. This is because the first set of injuries require intensive medical treatment. Injuries like TBIs tend to have lifelong complications and, in some cases, even cause death. Settlement amounts are usually high for injuries that require long periods of hospitalization and treatment.

Loss of Earning Potential

Some injuries may put the victim out of commission for extended periods. This makes them unable to work, leaving them in difficult financial situations. There’s also the possibility of the victim being unable to perform in their job role like they used to before the accident. Both of these circumstances are grounds for better compensation.

Emotional Distress

Although not tangible, emotional distress has a significant impact on a personal injury settlement. Victims often suffer from serious psychological conditions after surviving an accident. This can have a lasting impact on the victim’s emotional well-being.

Submitting documents like therapy bills and therapist statements will help prove emotional distress.

Property Damage

Some accidents can cause property damage. This property can be anything, from a vehicle to a building to a smartphone or piece of jewelry. The money spent on repairing or replacing the damaged property will be included in the total settlement value. The loss of irreplaceable items is also included in property damage.

Gross Negligence/Intention

Not all accidents happen due to negligence. There are instances where an accident happened due to the at-fault party’s complete disregard for others’ safety. In such instances, the at-fault party will be awarded punitive damages as punishment for gross negligence. Punitive damages are offered in addition to economic and non-economic damages.

There’s also the possibility that the at-fault party caused the accident with the intent to harm the victim. This initiates a criminal case alongside the existing personal injury case and can lead to a higher settlement.

The Negative Influence

Your total compensation value takes a hit due to one of the reasons below.

Not Hiring a Lawyer

You definitely need a lawyer when you’re legally pursuing the at-fault party. Without a lawyer, you run the risk of receiving lower compensation or, even worse, having your personal injury claim rejected.

You’ll also need someone to tackle insurance adjusters. They’ll try to convince you to accept a low compensation. If you don’t have a lawyer, you have to settle with the paltry amount your insurance company offers.

Shared Liability

Your level of involvement in the accident that caused your injuries may play a decisive role in the settlement you get. Some states follow the doctrine of shared liability, where your compensation will be decided based on the role you played in the accident.

Some US states even deny compensation to plaintiffs who had a role in the accident. Consult a lawyer to learn about the local laws.

Social Media Activity

Staying low on social media is crucial to receiving better compensation. Calling yourself an accident victim and uploading pictures of enjoying yourself is a recipe for disaster. Insurance adjusters will take advantage of this opportunity to downplay the seriousness of your injury.

Final Thoughts

Personal injury cases have their share of difficulties. With the help of a personal injury lawyer, you can overcome these difficulties easily.

If you were the victim of someone’s negligence, recklessness, or intentional thoughts, get in touch with a local personal injury lawyer and get on the path to recovery.