In any personal injury settlement, the value of the payment is a crucial concern for any complaint. However, there’s no such thing as “average” when it comes to the amount you can expect to receive. Apart from the fact that there are as many types of personal injury cases depending on the type of accident, the amount you will get from any settlement will be determined by different facets unique to each case.
But, how are personal injury cases settled? Wherever you sustain injuries in an accident caused by somebody else due to negligence, there are primarily two main ways to get compensated by the at-fault party.
The first is to be offered and accept a personal injury settlement, which is usually done out of court, and the second is to go through a lengthy civil lawsuit process. Although filing a lawsuit will often get you more money than the out of court settlement, it’s worth noting that the vast majority of personal injury cases often settle without necessarily having to go for a trial.
The Legal Principle of Negligence
Often, a personal injury case arises when an individual causes harm to another, or, a company is legally responsible for causing harm to an individual. Personal injury cases come in different forms; however, the most abundant types involve automobile accidents. In such cases, personal injury attorneys or car accident lawyers are instrumental in helping you get the best settlement.
It’s worth noting that although most obvious cases result in physical injuries, personal injury cases also involve any mental and emotional injuries as well as lost wages. However, for the case to be considered a personal injury case, your attorney will have to prove beyond any reasonable doubt that someone else’s negligence caused the injuries.
Personal injury settlement works by agreeing to the most favorable amount for both parties. However, when it comes to lawsuits, the jury will have all the power to decide on the plaintiff’s most favorable settlement.
How Are Personal Injury Settlements Reached?
Typically, a personal injury settlement is often reached when the defendant (through an attorney or insurer) agrees to pay you some amount of money, and in exchange you drop the lawsuit. In some instances, the payment is made if the insurer accepts that their client is at fault and you do not have to file a lawsuit in the process.
Even so, it’s not easy to complete the settlement process. To arrive at a decent settlement, you and the defendant’s side will start by determining what you think the case is worth. You will often begin by presenting the amount you feel is ideal for covering your injuries, and the defendant will reply with a lower amount. For this reason, you will need an experienced personal injury attorney to argue on your behalf. This is mainly because both insurance adjusters and attorneys strongly rely on their experience to research similar cases to identify similar injuries in the past on similar subjects before factoring in the unique circumstances.
After each party has gathered all the relevant information, the process of discussing an acceptable offer will begin. Once both sides accept the offer brought forward, a settlement agreement will be signed, and you will agree to give up your right to pursue any legal remedy over that particular accident.
Whenever you are injured due to someone else’s negligence, it’s essential to keep in mind that you have a legal right to be compensated. Regardless of whether you choose to go with an out of court settlement or file a lawsuit, make sure that you and your attorney fully explore the long term significance of your injury. This way, you will be sure to get the best compensation package.