Navigating personal injury claims involves two main avenues: court litigation or early settlements through negotiations. Understanding the factors influencing personal injury settlements is crucial to finding success in defending yourself or in being compensated in a fair and equitable way based on your injuries. Let's delve into these key elements to help you achieve the best outcome for your case.
Factors That Will Impact Your Personal Injury Compensation
There is no singular formula that will determine the exact amount of money that an individual (or group) will receive based on any specific situation. The outcome will ultimately decide on a variety of factors that we're going to discuss below - as well as certain circumstances such as the personality and perspective of the individual judge or mediator.
The Severity of Your Injury
Accidents resulting in severe injuries often warrant higher settlements due to increased pain and suffering. These include any of the following injuries:
- Broken bones
- A damaged spinal cord
- A permanent injury, including:
- Traumatic brain injury
- Deformed body parts
- Reduced mobility
- The permanent loss of function in specific body parts
Disruption to Your Daily Life
You may also receive a higher personal injury settlement if the injury impacts your daily life. Injuries like paralysis can significantly hinder daily activities and limit sports, travel, or job performance.
On the other hand, minor injuries may result in lower personal injury settlements as they have less impact on daily life
Your Treatment & Recovery
Your personal injury settlement can be influenced by the quality of medical care you receive. Reputable physicians and hospitals may lead to higher compensation. Complex surgeries can also increase settlements.
Moreover, longer recovery periods with prescribed treatments often result in higher settlements, while soft injuries with shorter recovery times may lead to lower offers.
The Negligent Party’s Insurance Policy
In personal injury claims involving insurance policies like car insurance, negotiations with the defendant's insurer are common. In this case, you or your personal injury accident attorney and the defendant’s insurer must discuss the settlement.
However, settlements may be limited by specific policy limits. The insurance company may offer compensation within its defined range or the maximum amount to cover severe injuries and medical expenses.
The Certainty of Liability
In addition to demonstrating how your injuries have impacted your health and daily life, proving the defendant's responsibility for your current condition is crucial.
A strong claim of the party's liability influences whether you receive a lower or higher settlement. Successful cases that establish the defendant's fault result in higher settlements, emphasizing the importance of credibility in the process.
The Credibility of the Involved Parties
When proving the defendant’s liability in court, you should be able to answer these questions:
- Can you accurately describe what happened?
- Can you give the court a detailed, persuasive account of your injuries?
- Would you make a good witness on your behalf?
When presenting your case to the jury, these factors play a significant role in their decision-making process. Their judgment determines the compensation you receive and the extent of damages awarded.
Additionally, the credibility and insight of the negligent party can impact your total injury compensation. If your lawyer successfully disproves the defendant's claims of innocence, it can strengthen your case and lead to a more substantial settlement.
The Credibility of the Witnesses
The presence of credible witnesses, especially those who witnessed the accident and can attest to your liability, significantly influences the outcome of your settlement.
To strengthen your case and seek a higher settlement, it's crucial to have credible witnesses who can provide detailed accounts of your pre-accident condition.
Their testimony helps the jury understand the impact of the accident on your health and overall well-being, leading to a more favorable resolution.
Emotional & Mental Trauma
Personal injury accidents can result in not only physical pain but also significant psychological distress like anxiety and depression. To substantiate your claim for psychological trauma, gathering ample evidence is crucial.
Relying on reputable mental health experts to provide expert diagnosis and insights can bolster your case, increasing your chances of a successful outcome..
Litigation Costs
Personal injury cases may involve various expenses for defendants, such as administrative services, testifying witnesses, and technical professionals.
In complex cases with multiple witnesses or disputed scientific aspects, defendants may offer higher settlements to minimize defense costs. Conversely, if you use fewer legal resources, the other party may propose a lower settlement amount..
The Time Between a Case’s Crucial Milestones
The critical milestones in your personal injury case, such as important testimonies and dismissal risks, can lead to a larger settlement.
Overcoming more challenges often results in better compensation. Your lawyer can apply pressure on the defendant to settle between these points, increasing the chances of receiving a fair and adequate settlement for your injury.
Legal Representation
Finally, your decision to hire a personal injury lawyer may affect your settlement. You can represent yourself in court, but having a lawyer handle your case is a much better option.
According to research done by Nolo, 91% of people involved in personal injury cases received settlements with legal representation. Personal injury accident attorneys also helped plaintiffs gain greater compensation averaging $77,600. Thus, it’s best to hire a competent lawyer to receive the settlement you deserve.
Ensure a Fair Settlement with a Proper Personal Injury Claim
Multiple factors influence the outcome of a personal injury settlement, including physical injuries and psychological effects of an accident. By understanding these key elements and tapping into legal expertise, you can strengthen your case to gain adequate compensation for your injury and other losses.
