About 400,000 personal injury cases are filed every year by people in the United States in their pursuit to claim compensation and justice for claimed damages. This indicates that accidents and negligence affect the lives of people. Take Sarah, for example. She’s been through a horrible car accident, leaving her with severe physical injuries and a heap of medical bills.
Additionally, navigating the complex and confusing world of personal injury claims can be challenging. With legal terms she doesn’t understand and questions on her mind about how settlements are made, Sarah is frustrated. Many people find themselves in such situations, bewildered and at a loss for where to start. This article answers some of the frequently asked questions about personal injury cases. Read on.
1. What Factors Influence the Amount of a Personal Injury Settlement?
The amount a person is going to get from a personal injury settlement depends on several critical factors.
Seriousness of Injuries: The more serious the injuries, the larger the settlement amount. This includes the initial impact of the injury and the long-term effects of permanent disability or chronic pain. Injuries that are serious in nature usually require extended treatment and can alter a person’s quality of life. They usually require a larger compensation.
Medical Expenses: The medical bills from hospitalization to surgery, treatment, and even rehabilitation are a key factor. The settlements should reflect the medical injury-related expenses already incurred in the past as well as those to be incurred in the future. Documented medical expenses will only naturally be concrete proof for this point.
Lost Wages: Compensation for lost wages is included to cover income lost due to the inability to work during recovery. If the injury becomes long-term, future lost wages are also considered.
Pain and Suffering: Non-economic damages are awarded for physical pain and emotional distress caused by the injury. These damages are subjective and can vary greatly depending on the case, but they are crucial for addressing the overall impact on the claimant’s well-being.
2. How Long Does It Take to Reach a Settlement?
The time it takes to reach a settlement varies depending on the complexity of the case.
Simple Cases: Where the liability is clear, and the damages are pretty straightforward, cases can be relatively quick, taking only a few months. Normally, these types of cases entail minor injuries or clear-cut circumstances such that fault is not in dispute.
Complex Cases: Those cases that involve serious injuries or liability disputes can take in excess of one year to settle. Complex cases may demand investigation, experts’ testimony, and extended negotiation.
Negotiations: Settlement negotiations can take a very short or relatively long period. If the parties are far apart in their respective offers, then negotiation may take longer. Effective negotiation techniques and proper preparation can expedite the process.
3. Should I Accept the First Settlement Offer?
In many cases, it is not wise to accept the first settlement offer:
Assess the Offer: The initial offer is generally lower than what one might be entitled to. Assess whether the offer covers all your damages. In this case, your attorney can help in reviewing the offer on the scope of damage one has sustained.
Negotiate: Your lawyer can negotiate with the insurance carrier or liable party for a more appropriate settlement sum. This can be pretty effective at getting a better settlement that more accurately reflects damages incurred.
4. What Happens if We Can’t Reach a Settlement?
If all efforts prove unsuccessful, the case may proceed to court:
Lawsuit Filing: A personal injury attorney can file a formal complaint against the responsible party. This step is where a personal injury lawyer will present the evidence and claims against the defendant.
Discovery: This is the stage in which both parties exchange evidence and information related to the case. It is vital to develop a very strong case. This may comprise depositions, interrogatories, or document requests.
Trial: The process in which a judge or jury hears evidence and makes a final decision in your case if it goes to trial. Often long and therefore expensive, this process can end in a potentially higher award if successful.
5. Can I Appeal a Settlement Decision?
Once a settlement offer is considered accepted, then, in most cases, it is final.
New Evidence: Generally, new evidence found post-settlement is not a basis for re-opening. Settlements are assumed to be final, and the discovery of new evidence generally does not change an agreement.
Fraud/Misrepresentation: Legal remedies may be available if there was fraud or misrepresentation in the process that was followed to reach a settlement. Such situations require expert legal advice to determine if it is possible to open a case once more before the court.
