Article Surfing Archive

A personal injury claim or lawsuit is a civil case wherein a settlement offer may be given or offered. Through a personal injury settlement, the parties in the lawsuit may reach an agreement concerning the issue at hand, and therefore keep a case from going into trial.

How does a personal injury settlement work out?

One of the parties in the case will attempt to offer an amount or several terms or conditions to the other party. Once the other party agrees to the amount of money and/or the other terms being offered, the case could be "settled" already. Thus, the need for a trial judgment is eliminated.

The defendants in the case are usually the ones who would ask for the settlement and offer such terms. Through this, they are hoping to provide a package that would be attractive enough for the other party, most often the plaintiff to settle on, and thereby avoid the chances of paying a higher amount in a trial judgment.

If you are the victim in a personal injury case, having an attorney who is bent on the mission of making sure that, you are adequately compensated for all the losses and expenses you have incurred is a very helpful factor. The lawyer specializing in personal injury cases such as you are facing have all the abilities of investigating the situation.

If someone else is at fault or liable for your injuries and losses, the personal injury attorney is aware that you should not be stuck with covering the expenses involved to recuperate and get your life back to normal. After investigating all the facts of your case, he or she can also adequately decide if it is appropriate for you to file a civil suit t against those at fault and liable parties.

Usually, the defendant or a representative will contact you or your attorney as soon as possible to settle the case and keep it out of court. Your lawyer would make sure that the settlement being offered adequately compensates your expenses, pain and suffering, lost wages and other losses.

How much can be offered in a personal injury settlement?

Many factors can affect the amount being offered in a settlement. No fixed value exists for any settlement compensation package. However, here are several (but not limited to) of the factors being looked into to determine a certain amount:

' claimant's age

' severity of injuries sustained

' the net financial losses to the claimant

' medical prognosis

' medical and hospital expenses incurred

' extent of liability

Moreover, there is no law setting a minimum or maximum compensation amount. The amounts differ greatly in every case. By principle though, the younger and healthier the plaintiffs are during the time of the injury, the higher value of compensation they can receive. This is because the financial losses and the mental anguish are much compounded, for such victims who would have been, in all likelihood, highly productive had they not sustained injuries or become disabled.

A victim who suffered less severe injuries, thus easier healed, may receive a compensation package that is significantly lower than a victim with far serious and traumatic injuries.

Loss of wages is also taken into consideration in the settlement package. If the victim was unable to work due to the injuries or was not anymore capable of doing the same work that he performed before the injuries, then, a certain amount in the settlement must be in compensation for such factors.

A personal injury settlement conference may be conducted wherein your lawyer perceives that the initial settlement offered to you is not enough. Upon meeting, your lawyer may either insist for a higher amount than what is being offered along with other terms or upon consultation with you, reject settlement with defendant altogether and deem it worthy to pursue a trial, seeing that the judgment would award more for you in damages, than any settlement offer given.