Factors in Determining Personal Injury Settlement
The plaintiff in a personal injury claim would naturally want a huge amount of compensation for the injuries he incurred. However, the defendant and/or his insurance company would prefer to have a smaller settlement. This is where the complexity of the seemingly simple process of claiming damages comes in.
In a personal injury case, the plaintiff has the right to ask for damages or monetary compensation for the person legally responsible (defendant) for the accident which caused the injury. Damages are awarded in order to reimburse the expenses that resulted from the accident and injury.
Settlement to determine the amount of compensation may be done outside or before the court, though the defendant prefers it outside in order to pay less expensive damages and limit the distress of time consumption. There is no minimum or maximum personal injury settlement, but the plaintiff can take advantage of some factors that can make his demand convincing.
1. Length of recovery: Minor injuries will take shorter time to recover compared to serious ones. The longer the length of recovery, the longer the time of pain and suffering as well. Make sure to regularly visit the doctor and note in medical reports the length of the injury’s recovery.
2. Permanent injuries: Injuries may have side effects or what is also called residual injuries, which may not be immediately apparent but can still be greatly damaging. Asking about the possible complications beforehand can make the plaintiff’s claim stronger.
3. Medication: The attending physician can prescribe some medicine for the injury. Emphasize this in the claim, because it implies that the pain and suffering are still present. Stronger medicine and longer length of medication could mean higher settlement, but make sure to state the purpose of medication.
4. Physical and emotional pain: Different types of injuries can have different effects in the life of the plaintiff. Document the impact of the injury, physically and emotionally, maybe through a journal. It is important to determine how the injury limited the plaintiff’s functions and the problems it caused.
5. Any life disruptions: Missing an important life event due to the injury falls under emotional impact, which should also be compensated. The value of the meaningful event missed depends on its significance to the injured. Uncommon events usually are more special and significant.
Consult with a personal injury lawyer to help determine the exact amount of compensation for each type of damages that can be recovered.
In a personal injury case, the plaintiff has the right to ask for damages or monetary compensation for the person legally responsible (defendant) for the accident which caused the injury. Damages are awarded in order to reimburse the expenses that resulted from the accident and injury.
Settlement to determine the amount of compensation may be done outside or before the court, though the defendant prefers it outside in order to pay less expensive damages and limit the distress of time consumption. There is no minimum or maximum personal injury settlement, but the plaintiff can take advantage of some factors that can make his demand convincing.
1. Length of recovery: Minor injuries will take shorter time to recover compared to serious ones. The longer the length of recovery, the longer the time of pain and suffering as well. Make sure to regularly visit the doctor and note in medical reports the length of the injury’s recovery.
2. Permanent injuries: Injuries may have side effects or what is also called residual injuries, which may not be immediately apparent but can still be greatly damaging. Asking about the possible complications beforehand can make the plaintiff’s claim stronger.
3. Medication: The attending physician can prescribe some medicine for the injury. Emphasize this in the claim, because it implies that the pain and suffering are still present. Stronger medicine and longer length of medication could mean higher settlement, but make sure to state the purpose of medication.
4. Physical and emotional pain: Different types of injuries can have different effects in the life of the plaintiff. Document the impact of the injury, physically and emotionally, maybe through a journal. It is important to determine how the injury limited the plaintiff’s functions and the problems it caused.
5. Any life disruptions: Missing an important life event due to the injury falls under emotional impact, which should also be compensated. The value of the meaningful event missed depends on its significance to the injured. Uncommon events usually are more special and significant.
Consult with a personal injury lawyer to help determine the exact amount of compensation for each type of damages that can be recovered.
posted by Mesriani Law at
5:41 PM
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