After being involved in a serious car accident, I really believed that my insurance company would take care of everything. It wasn't until I finally received their settlement offer that I realized they were not on my side at all. This is when I got wise and consulted a personal injury lawyer. It was the best decision I could have made. Thanks to my attorney, not only did I learn a lot about personal injury law, but I actually got the compensation that I needed and deserved. I made a lot of mistakes after my accident, but I also learned a lot along the way. It is my hope that this blog will allow other accident victims to learn from common mistakes and get the information they need to be successful in their own personal injury claims.
If you've been hurt due the negligence of another person, you may want to take legal action. This is when you, the plaintiff will sue the defendant. However, civil litigation is a lengthy and costly process, and many cases are settled outside of the courtroom. It's not uncommon for the accused to work towards ending the dispute as quickly as possible to avoid additional fees. There are many factors that may determine the precise amount of your personal injury settlement and knowing what these are as the plaintiff may be helpful.
Factor #1: Defendants' assets
Just because you ask for a certain amount of money doesn't necessarily mean you will receive. This may largely be based on the earning of the defendant and the assets this individual owns.
If these amounts are high, you may be able to have larger personal injury settlement amount. However, if not, you may be forced to take a lower amount to end the case or take it to court.
Factor #2: Damages
A number of your financial losses must be listed in an attempt to receive the personal injury settlement that you want. You should consider creating professional report that lists any or all of the items below:
1. Medical expenses – The money you were forced to pay for any treatment necessary for you to fully recover.
2. Lost work – When you're injured, you often can't go in to work. You should include the amount of your lost wages.
3. Property damage – If your injury was caused by a car accident and there were significant damages to your vehicle or other assets, these should be included.
4. Miscellaneous fees – Getting your car towed, if necessary, or the expense of traveling back and forth from your medical provider may be included.
Factor #3: Liability
The strength of your case is important and may affect the amount granted in your personal injury settlement. You will need to provide substantial evidence that the defendant is the cause of your wounds.
This could be done in a number of ways, such as a police report stating the defendant was the cause of your injury, or witnesses that may have been present when you got hurt attesting to the fact that the defendant was the cause.
It's ideal to be able to settle a personal injury case outside of a courtroom arena if at all possible. The costs of doing so for both the plaintiff and defendant are likely to be much less. Be sure to contact a personal injury attorney from a firm like Lawyer, Lawyer, Dutton & Drake LLP to assist you today!Share