The settlement of personal injury cases primarily depends on the degree of your injury. It forms the basis for assessing what amount you can receive through the legal system or an out-of-court settlement. For instance, you can receive more compensation if you suffer extreme injuries and mental illness from a personal accident than moderate injuries, such as an ankle sprain.
The most challenging part is knowing what to do when you get hurt at work or in your residence. If you have no clue where to begin the settlement process, you might consider visiting personal injury lawyers, such as Shulman and Hill, for guidance. They’ll assess your situation and estimate how much you can receive as compensation for your injury.
This article will examine the personal injury considerations and the average payment you can receive if you lodge a compensation claim. Read on.
Understanding Personal Injury Settlement
A personal injury settlement can be before or after the case goes on trial. It’s an arrangement between an injured person, “claimant,” and an individual who caused the injury, “defendant.” The decisions reached can be favorable or unfavorable if you’re not keen on the potential awards for your personal injury claims. The details of a personal injury settlement have nondisclosure agreements for privacy.
If the matter goes to court, the jury can decide the value of compensation by looking at the evidence forwarded by your legal representative. The outcome can be unpredictable, and you can expect a higher or lower settlement of your case. So, it’s critical to consult a lawyer before pursuing or agreeing to settle on compensation.
Negotiating for a better or higher payout in your personal injury case is more crucial than taking what the defendant offers. Make sure that you consider the implications of your decision to settle. Avoid rushing the process and close the deal without looking at the underlying issues, such as medical care bills for your injury.
Moreover, you cannot complain about the deal once you sign the release document. If you hold more extended fact-finding consultations, you’ll discover you have a high chance of getting more. At this point, it’s vital to consult a lawyer before moving to a negotiation meeting with the defendant.
Probable Outcome Of Personal Injury Settlement
Since the underlying matter is a plea bargain, how you negotiate your compensation will determine how much you’ll receive as a settlement. However, the settlement amount varies by the nature of your injury. Over 95% of such cases reach a common ground after the matter is closed by the court or an arbitrator.
As a guarantee, you will receive the amount that is agreed upon in the process of settling for just compensation. Otherwise, you may end up with nothing if you reject the settlement offer. So, seek legal guidance to avoid shortchanging yourself.
Probable Settlement Amount
As discussed earlier, if you suffered a personal injury due to someone else’s negligence, you could sue or settle the matter amicably through a legal system. Payment in personal injury settlement can range between USD$ 3,000 to USD$ 100,000. It’s a case-to-case consideration with negligence at the center, so there’s no capped amount for such cases. It usually depends on how you negotiate to settle for better terms. It’s also a decision that can stem from a plea bargain or a full trial through a lawsuit.
Settlement Resolution Period
On average, settlement takes close to two years to close the matter. If you involve lawyers in the negotiating process—between you and the defendant’s insurance company—it can take up to six months of back-and-forth consultations. If you reach a good deal, proceeding to trial can take over a year. That includes the court hearing and determination and the court settlement order.
The primary reason is that the underlying negotiation is analytical and needs you to consider all the factors that led to you getting hurt. They’re significant in determining how much you can expect as compensation for your case. Learning that a successful outcome in a personal injury can take longer than you think is also crucial.
Personal Injury Settlement Determiners
Several factors can influence the compensation award in a personal injury matter. It’s crucial to learn them first before you settle your case. The following are points for you to consider:
- Nature of your injury
- Loss of wages
- Medical expenses
- Pain and suffering
- Property damage
- Loss of opportunity
- Stage of claim
- Punitive damage
Winning a personal injury settlement case has an underlying to justify the compensation claims. There are chances the court can award you for proving your injury was completely due to someone else’s carelessness. However, if you were part of the personal injury causation, things can turn around for you.
The defendant’s insurance policy is also a significant determinant in your settlement case.
Advantages Of Personal Injury Settlement
Most people prefer settling their personal injury cases due to the following benefits:
- You’ll likely receive full compensation
- It helps you save time
- It is a stress-free option
- It is a less-complicated process
- It entails lesser costs than going through a whole lawsuit
You can close the settlement deal if you’re happy with the offer. It’ll depend on your understanding of the underlying agreement. Therefore, evaluate every aspect of the contract before signing the release document.
Disadvantages Of Settling
The following are the drawbacks that can affect the amount you receive as compensation:
- There is a possibility you may settle for a lesser compensation
- Your personal injury may be misrepresented
- You cannot pursue the case once you sign the release document
There’s no text to compare when determining how much you can recover from a personal injury matter. Your unique case can only refer to your injury’s impact and suffering. So, make sure that you understand the settlement deal before going forward.
The amount you may receive in a personal injury case depends entirely on the injury and the causation. It’s a complicated process that needs a good understanding of the underlying personal injury law to guide your recovery. In most cases, settlement is the first choice for many who want to avoid going to trial. But the decision will depend on estimates of the personal injury and the suffering you’re experiencing.