Frequently Asked Questions Regarding Personal Injury Damages
Personal injury lawyers are constantly asked questions about the following issues.
Do I have to go to trial to get a settlement?
You can get a great out-of-court settlement. In fact, you’ll probably end up settling out of court. This is because only 5% of personal injury cases ever go to trial. After all, it’s the defendant’s insurance company that will be paying you your settlement!
How does a prior injury affect the value of my claim?
In most cases, the person causing the injury (usually the defendant) is the person who is responsible for paying you a settlement amount. As a general rule, you’ll get a higher settlement if (and only if) you can prove that the defendant’s negligent actions are what exacerbated your prior injuries and/or pre-existing conditions.
Is there a floor or ceiling in my personal injury settlement?
There is never a minimum or maximum amount of money that you can claim and be awarded in a personal injury settlement. The nature and extent of your injuries is always the main factor that determines the final amount of your settlement. The nature and extent of your medical treatment, your recovery prospects, and the amount of insurance the defendant carries are all important factors, as are:
● The total amount of your medical bills
● Income and/or wage loss
● Future medical expenses
● Your age and ability to earn
● Any disabilities either temporary or permanent that you may have sustained because of the accident
● Loss of activity and enjoyment
● If your testimony will be credible on the stand
● How strong are the testimonies of other witnesses?
What is pain and suffering?
This refers to all pain and suffering that you have experienced because of your personal injury accident. It includes bodily injuries and depression, mental anguish, and other types of emotional distress that you may be under because of your accident. Interestingly enough, this term includes your inability to partake in activities that caused you enjoyment and pleasure before your accident. Good examples are gardening and golfing.
What is comparative negligence?
This is a legal concept that discusses the size of the final settlement in relation to your percentage of fault in the accident. It tends to be reduced by your percentage of fault.
What is subrogation?
This is the right of the insurance company to be recompensated for any payouts it made to you before you received your final settlement from the defendant.
When is the best time to settle my case?
Honestly, this is not until you have reached a state of maximum medical improvement. Personal injury lawyer in Pittsburg know that winning your settlement in court will be much easier. Now that you know some of the answers to the most frequently asked personal injury law questions, it will be much easier to win your settlement in court.