Factors That a Personal Injury Lawyer Uses to Determine the Costs of a Settlement
When the insurer puts a dollar amount on the injuries you sustained in an accident, job injury, or any other accident, your lawyer is supposed to come up with a counteroffer.
Various variables come into play when
determining the value of the personal injury. The figure that the lawyer comes
up with is not a guess. Every case is different, but a few factors tend to
increase or decrease the value of your possible compensation.
Let us look at the various aspects
that New haven personal injury lawyers utilize to come up with an estimate.
The Severity of the Injury
This is one of the essential factors
in determining the value of the case. Injuries that cause
permanent disability or compromise the quality of life attract a higher
amount. On the other hand, minor injuries call for a lower compensation amount.
“Studies show that 16 percent of personal injury settlements for
accidents that led to spinal cord injuries exceeded $1million”
Severe injuries include broken bones,
brain damage, and spinal injuries. Minor injuries include bruises, soft tissue
injuries, and contusions.
The Type of Treatment and
Duration of Recovery from the Injury
The kind of treatment you receive for
the injury
determines the compensation cost. If the injury requires surgical
procedures, you stand to get more compensation. Additionally, if it takes
longer to heal from an injury, you are looking at a better package than if the
treatment took just a few days.
These come into play because they
directly determine the cost of the treatment. Most of these costs are
reimbursed through compensation. You are entitled to reimbursement of all the
costs of treatment, which is why you need to retain a copy of all the medical
receipts from the doctor.
The Percentage of
Liability
To get compensated, you must prove
that the defendant holds more liability for the injury. If the evidence
determines that you are 30 percent at fault for the accident that led to the
injury, you can comfortably recover 70 percent of the total damages from the
injury.
The higher the liability, the less
the compensation. New haven personal
injury lawyers analyze the evidence provided
to determine the percentage of liability and advise you accordingly.
The Level of Trauma
Suffered Due to the Injury
Accidents cause physical and
emotional trauma. The level of trauma depends on the severity of the injury. Some
accidents lead to trauma that is debilitating to the victim. These attract a
higher compensation compared to little or no trauma caused after the accident.
Lost Earnings due to the
Accident
Loss of earnings gets factored in the
calculation of the compensation. The value of lost earnings depends on how much
you earn per week or month and how this has been affected by the accident. If
you didn’t have a job by the time of the accident, you wouldn't be able to
claim compensation.
Apart from lost earnings, the lawyer
also looks at lost opportunities and bonuses. These include promotional
opportunities that you would have gained while you were on unpaid leave.
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