Legal Guide

3 factors that affect your Personal Injury Settlement amount

Suffering an injury due to another person's negligence or carelessness gives you the right to an injury settlement claim. There is compensation should be paid to the injured party based on the severity of the damage suffered and some other factors. Getting an accident attorney is important for getting your settlement.

Before you get the estimate from your accident attorney, you can look at the main factors yourselves. Several factors settlement amount. This article is aimed at highlighting the three main factors that are considered in calculating the value of personal injury settlement.

Three Main Factors for Determining Personal Injury Settlement Amount

It has been said that several factors are considered by an accident attorney. There are about 7 factors, but we can put them into three main categories. Here are the three main factors that affect the personal injury settlement amount.

Physical Effect

An injury's first and obvious effect is damage to one or more parts of the body. Many injuries have led to amputations or permanent loss of usage of body parts. These are some physical effect factors.

Severity of Injury

This is the most important factor as it affects all the others. The severity of the injury will affect the amount of medical cost. Also, it will tell if the person can return to work or the number of wages that will be lost. Severe injuries can involve critical parts like the spinal cord and broken bones.

Property Damage

Some personal injury cases may attract property damage. This is also a physical effect, which must be considered when an accident attorney calculates the settlement amount.

Pain and Suffering

Injuries come with physical pain and suffering. This increases as the severity of the injury increases. You should get a settlement for the injury's pain you have to endure. An expert accident attorney will value the physical pain appropriately.

Financial Effect

Suffering an injury will attract costs. Apart from paying for treatment at the hospital or specialist care, there are other financial implications. Many injuries may lead to permanent amputation that makes the person unable to work. All these must be factored in to realize the settlement amount.

Medical Cost

You have a better chance at tangible settlements when the injury involves treatment by established healthcare providers. More settlement values will be gotten if surgeries are involved in the treatment. Also, long recovery periods will mean more cost. Keeping medical bills and documents is important for getting the right settlement.

Loss of Future Earning Capacity

This is another important factor. There are two points to consider here. The first is lost wages due to days or months of work missed. The bigger picture here is the loss of future earning capacity. An accident attorney will help you gather the right documents to prove any of these claims.

Amputation or any permanent loss of use of body parts can result in loss of future earning capacity. This claim can earn you a big settlement amount, but it must be well-proven by an experienced attorney.

Emotional Effect

The emotional effect is the third factor to be considered in determining personal injury settlement claims. Trauma and mental health issues are important factors. Suffering a fatal injury will cause emotional distress, which must reflect considerably in the settlement

Mental/Emotional Trauma

Emotional distress is a common result of suffering serious injuries. Depression, fear, anxiety, and post-traumatic stress disorder are common issues. The realization of the long-term effect of an injury can lead to serious emotional trauma. The right settlement for this can be gotten with testimony from a witness.

Disruption to Life

Another factor that can affect the amount of settlement in personal injury is a disruption to life. Many people have lost the ability to engage in some of their usual life activities due to injury. This may include engaging in sporting activities or other leisure.

Conclusion

Other things that will be put into account by your accident attorney are paper works and evidence. Documents are needed as proof of your claim. Any medical bill costs must be appropriately documented. On the other hand, evidence of the other party’s negligence must also be provided.