In a personal injury case, there is no average settlement for financial recovery. However, several variables unique to your case will affect its outcome. These include the severity of your injuries, how they affect your life, and the accident’s financial costs.
How Do I Determine My Settlement’s Value in a Personal Injury Case?
For a quick summary, the value of your case is the final calculation of all financial expenses related to your accident. Financial recovery should ideally be an evaluation of all expenses you are forced to pay due to your accident and injuries, and the subsequent reimbursement of those expenses in full.
Below is a list of damages you could receive in a personal injury claim.
- Medical expenses
- Rehabilitation and therapy
- Car repairs
- Property damage
- Lost income
Your damages can encompass more than you may think. The full amount of your medical expenses should be covered, but your settlement should account for expenses, such as your replacement transportation for work and hospital trips if your car breaks down. It could also account for the potential impact your injury could leave on future income at your job, or perhaps you’ve sustained an injury that has rendered you unable to continue your current profession altogether.
Wrongful Death Damages
Sometimes surviving families can seek wrongful damages from the party that caused their loved one’s fatal injuries. If relatives can recover damages with this legal action, they might be able to recover:
- The decedent’s medical expenses
- Funeral, burial, and cremation expenses
- Lost future income
- Pain and suffering
- Emotional distress
- Loss of consortium
- Loss of guidance
- Loss of income
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An Attorney Can Determine Which Damages to Pursue
Calculating these damages requires a thorough evaluation of the immediate situation and expenses, and insight into how you will be affected financially going forward. It is recommended to acquire legal assistance when undertaking litigation, as injured or grieving claimants will not always be prepared to deal with the complexities involved with determining their cases’s full value.
How Can Fault Laws Affect My Settlement?
Fault laws govern how your settlement is distributed and who is responsible for paying it based on who is at fault for the accident and all related injuries and property damage.
Your state’s fault laws are not used to calculate your damages outright. However, they can determine how much of your settlement you will be able to get at the end of your case. Depending on the situation, you could potentially only receive a portion of your allocated recovery.
Does the Severity of My Injury Affect the Damages I Can Recover?
It could. Medical bills typically make up the bulk of your economic damages in a personal injury case, as they encompass all expenses associated with your accident. This includes surgery, therapy, rehabilitation, counseling, and sometimes more.
While some victims in personal injury cases suffer minor injuries, others are not so fortunate and can be left severely injured. Whatever your accident may be, some of the many injuries you could pursue in a personal injury case include the following:
- Broken bones and fractures
- Lacerations
- Burns
- Soft tissue injury
- Limb loss
- Spinal cord injury
- Traumatic brain injury
Your medical expenditures will vary depending on the severity of your injury. Serious wounds might result in very expensive surgery fees, which will be completely accounted for in your settlement. Among them, the worst injuries could leave you with permanent disfigurement or disability. These conditions further increase the value of your case and should be considered when filing a claim.
What if My Accident Occurred In A No-Fault Insurance State?
The primary difference between fault and no-fault states is who is liable for paying the initial medical bills in a car accident. In fault states, whoever is to blame for your injuries is liable for paying all property and bodily harm damages.
In no-fault states, injured parties’ medical expenses are covered by their personal injury protection (PIP) insurance, regardless of who caused the accident. However, this policy only covers medical expenses up to a certain limit, which is determined by the state where the accident occurred.
Only after a driver meets their PIP policy’s limits can they seek the remaining damages from liable parties in an injury lawsuit. The driver’s settlement does not include any expenses the PIP insurance covers; it only covers the remaining difference once it has been depleted. PIP insurance does not cover property or vehicular damages, and the motorist responsible for the crash is liable to pay all collateral damage that the collision caused.
Call Us Today for Help With a Personal Injury Case
Greenberg Gross can help you consider your legal options for compensation if you have experienced an injury or a loss. Although there is no average settlement for personal injury cases, we can assess your situation and help you review the possible compensation you could recover in your potential case. Call us today for a free consultation.
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