No two injury claims are alike - every injury in every accident is unique as our bodies are so different and respond to injuries and strong mechanical impacts in very different ways. In all cases, however, various factors should be considered as you or your injury lawyer approaches a settlement evaluation. 
Here are some of the factors that you or an experienced injury lawyer who is handling your case should consider when determining what is the fair value of settlement for your injury case: 

(1) How traumatic and "scary" was the incident in which you were involved. Did your airbag deploy? Were you riding a motorcycle and were broadsided on a freeway, being lucky to survive? Did you vehicle catch fire? Was it a roll over incident? A head-on collision, or any other event that make you and would make any reasonable person scared to drive, anxious and unable to focus and sleep for weeks or even months post incident. 

(2) How soon did you seek medical treatment - ambulance, emergency room and consistent, continues treatment shortly thereafter indicate serious injury that the victim of the accident had to treat in order to alleviate the pain. On the other hand, if you wait for months to see a doctor, it would be hard to convince the insurance company (or the jury) that you were seriously hurt in an accident. Although some symptoms take time to develop, it would be hardly believable that you didn't experience any pain for months and then, all of a sudden, you started suffering from pain that was caused by an event many months ago. 

(3) Prior injuries - were you injured in the past 10 years or so. Was the injury to the same part/parts of your body as the subsequent accident giving rise to your present claim. If so, the insurance company will logically try to argue that some or many of your symptoms are residual effects of your prior injuries and are not related to the recent accident. An experienced injury lawyer, who faces this causation obstacle, will refer you to a doctor or an orthopaedic specialist who will examine you and will draft and apportionment report, suggesting what percentage of your symptoms is related to the recent accident as opposed to the injuries that you sustained prior to that accident. 

(4) Lost wages - were you employed at the time of the accident? Did you miss time from work? Did you miss out on bonuses and promotional opportunities? If so, these losses should also be included in your claim for damages.  

(5) Educational/Academic Damages - were you enrolled in school and weren't able to complete a class or pass a whole semester as a result of your injury? If so, this should also be included as a component of your damages. 

(6) Were you forced to miss an important social event such as a wedding, anniversary of close relatives, sports competition in which you were supposed to participate? If so, you should include these missed opportunities in your statement of damages as well.

(7) Were you physically active or a professional or para-professional athlete prior to being involved in the accident, and now are unable to exercise or play sports at all or as regularly as you used to? This should also be included in your pain and suffering damages. 

(8) Will you require future treatment? How much would it cost? Are you likely to fully recover eventually or will your symptoms last indefinitely according to the doctors' opinion? 

The above are some of the fundamental questions that you or your injury lawyer should consider when determining the settlement value of your case.

 


Comments




Leave a Reply