Why Should I Settle My Personal Injury Case?
Settling a personal injury case allows an individual to have something absolute and concrete, whereas going to trial carries inherent risk and uncertainty. This is why 90 percent of cases settle, and why it’s the preferred route to take with personal injury cases.
Is There A Minimum Personal Injury Amount That Must Be Reached?
There is no minimum personal injury amount that must be reached; the amount will depend on the nature and extent of the injuries, as well as the out-of-pocket expenses for medical care or lost wages.
Does The Severity Of My Injury Ensure The Likelihood Of Getting A Higher Settlement Offer?
The value of a case will increase with the severity of the injury. For example, a case involving a comminuted fracture would have a higher value than a case involving a sprained ankle.
Will All Future Medical Costs Be Taken Into Consideration In The Settlement Amount?
If there are future medical expenses that can be quantified by a life care planner and verified by a doctor, then they will be included in the settlement amount and considered a portion of the economic damages. This would increase the overall settlement amount.
Will Having Pre-Existing Injuries Impact The Amount Of My Settlement?
A pre-existing condition will always affect a personal injury case; the degree to which it will do so will depend on the extent of the personal injury and the extent of aggravation to the pre-existing injury. This is referred to as the eggshell theory, which is the idea that aggravation of a pre-existing condition as a result of trauma in a personal injury case is a compensable injury.
How Are Settlement Amounts Calculated?
There is no set formula for calculating settlement amounts. Instead, settlements are determined based on the amount of economic damages (e.g. medical costs, wage loss) and non-economic damages (e.g. pain and suffering, loss of the ability to enjoy life’s pleasures, humiliation and embarrassment, mental distress, and emotional anguish).
How Is Pain And Suffering Calculated If That Is Part Of The Settlement?
Pain and suffering are intangible non-economic damages, and the amount that will be awarded will be determined by the jury. Factors that will go into the calculation of pain and suffering damages include the extent of the injuries and the extent to which those injuries have affected the person’s life.
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