Top 5 Factors That Can Impact Your Personal Injury Settlement

Being involved in an accident or suffering from an injury is not only painful, but the financial and emotional strain it causes also leaves the person involved in the incident feeling overwhelmed. When such incidents are caused due to the negligence of another person, you have the right to file a claim, which can help reduce your financial burden. A personal injury settlement claim usually covers any medical expenses, loss of wages, or emotional suffering caused by the injury. However, many circumstances determine how much compensation you receive.

So when calculating the average personal injury settlement amount, you must keep in mind that each case is different and the amount varies from case to case. By understanding the various factors that determine the amount of compensation you are eligible for, you can set realistic expectations and ensure that you get the compensation you deserve.

So, here are the top 5 factors that can impact your personal injury settlement.

1. The severity of the injury

When it comes to personal injury claims, the most important factor that determines the value of your settlement is the severity of the injury and type of injury. While minor cases like small injuries may get you a smaller compensation amount, more severe cases like traumatic brain injuries, spinal cord injuries, etc., may make you eligible for a larger compensation amount.

Apart from just the severity of the injury, other factors such as the medical bills, treatment costs, rehabilitation needs, and future medical needs are also taken into consideration when determining the settlement amount.

2. Liability and Fault

For a personal injury claim, you need to prove that the injury was caused due to the negligence of the other party or that the person responsible breached their duty of care. Proving negligence establishes liability, and proving the responsible party at fault means you have a chance for a higher settlement amount.

However, in some cases, you might also be at fault; in such cases, the compensation will be reduced accordingly.

3. Non-Economic Damages

Many victims involved in personal injury accidents are not aware of the fact that personal injury claims also cover non-economic damages. The non-economic damages include suffering caused by pain, emotional distress, loss of enjoyment of life, etc. This amount is calculated by the extent of impact that these non-economic damages have had on your life.

For example, for some survivors, the PTSD after the accident may prevent them from doing something they used to do or cause issues in their relationships. So, keeping track of how your feelings or mental health have affected you after the injury can help in determining your compensation.

4. Insurance Policy Limits

Another major factor that determines your settlement amount is the coverage limit of the party at fault. Sometimes, the damages may exceed the insurance company’s maximum coverage limit. In such cases, you can always opt for other options, such as going to court by directly suing the party responsible or identifying other parties who may also be held liable for the injury, such as manufacturers.

5. Choosing the Right Attorney

Last but not least, to get the compensation you deserve, you need to ensure that you have the right attorney’s help. An expert attorney can ensure that you get all the right evidence and file the claim on time and also build a strong case. They also ensure that you don’t settle for an amount that is less than what you

Final Thoughts

• The amount you receive as settlement depends on various factors like the severity of injury, non-economic damages, etc.

• The higher the severity of the injury, the more the compensation.

• Non-economic damages such as emotional distress and pain are considered when calculating the settlement amount.

• Liability and percentage of fault can affect the settlement amount.

• Ensure that you get help from an expert attorney.