Factors Affecting Settlement in a Personal Injury Case
Posted on February 7, 2019
If you have been involved in a personal injury accident, it is possible to receive compensation. Consult with a personal injury attorney when you have been involved in a personal injury case so that you know what factors come into play during an injury settlement and know what your attorney looks for to get the damages you deserve.
Types of Damages
When you have been involved in an accident and suffered a personal injury, you are oftentimes eligible to be awarded damages. Damages are defined as the money you get compensated for to help refund expenses lost on medical bills, lost wages, even pain and suffering. Keep in mind that there are certain states that will set limits on the amount of damages you are allowed to be rewarded in a personal injury case. There are usually two different types of damages that can be awarded: economic damages and non-economic damages.
To help pay for medical bills, wages and income loss, or any property damage costs, economic damages can be awarded. Medical bills could include ambulance fees, emergency room visits, surgery, medical care, physical therapy, medications, doctors’ appointments, and/or consults with specialists. These damages can also calculate any time off work that had to be taken from the injury, resulting in lost wages. You can also receive damages for any property damages as a result of the personal injury accident.
Non-economic damages are different than economic damages and are rewarded for pain and suffering. For instance, you may have experienced intense pain from your injury causing you to miss out on important life events, or your injuries may have resulted in a chronic illness. Mental or emotional trauma from an accident or injury like PTSD are taken into consideration when determining potential non-economic damages as well. These types of damages can make it difficult assign a specific amount.
Factors That Come Into Play
Of course, you don’t want to spend the time and money that comes with a courtroom and taking the case further to trial. Take the time to consider all of these things before going forward with any settlement. This is where the knowledge, experience and skills of a personal injury attorney will be very beneficial. The following are factors that come into play when moving forward with a personal injury settlement and received damages:
Extent of Injuries
You should always receive medical treatment right away after being involved in an accident. This will result in the most accurate report of your injuries. After that, talk openly with a San Jose personal injury attorney to know your options. Hann Law will review how severe your injuries are, look at medical bills, read medical documents, police reports and witness statements to start calculating the damages you deserve to receive. Consider settling outside of court to avoid high court fees and the headache of dealing with the process of going through the courts. On top of looking at the injuries, an attorney will look at the amount you missed out on due to having to miss work from injuries. Since injuries can impact you financially and emotionally, an attorney will also take into consideration any other damages you deserve aside from physical injuries.
If the case does advance to trial, there are some additional factors that can come into play to receive even more damages. This can include attorney court fees, especially if you have a strong case. You should also get the money sooner with a strong case as there will most likely not be an appeal. Of course, a trial is a more of a financial burden and stressful scenario, but you can receive a lot of damages if you can show enough evidence that there was neglect with the help of an aggressive attorney.
During personal injury cases, there are a lot of concerns regarding publicity, which both sides will always take into consideration. Did you know that civil court trials are open to the public, which includes the media? However, you do have the option to do it all privately–that is by making a settlement outside of court. This could actually be a better option for you in the end, but you will still want to use the expertise of an attorney during this process.
ADR – Alternative Dispute Resolution
Some settlements will come from certain processes such as arbitration and mediation. An attorney can help negotiate these settlements, which is a much faster and usually cheaper solution.
Hann Law Firm
At Hann Law Firm, we always work in your favor and have experience with a number of different personal injury cases. As a professional attorney, we always understand the complexity of each case, yet we still remain comforting and calm, always dedicated to providing you with best legal representation. Our focus is you, offering extensive legal advice.