Settlements

A personal injury claim involves an injured individual seeking compensation for their pain and suffering, emotional distress, permanent disability, or other ensuing injury from the person, company, or institution believed to be at fault. The claim may be brought on one of three grounds: negligence, strict liability, and intentional wrong. But regardless of its grounds, the claim must meet the three elements of tort to establish liability.

How are Claims Settled?
This depends on the jurisdiction and the facts of your particular case (an attorney can help you with this). In general, the following damages may be recoverable:

• Medical bills and expenses
• Lost income
• Fair value of property
• Compensation for pain and suffering
• General damages

Courts award damages in a single lump sum. The portion of the award that relates to potential future income and future medical expenses is often "discounted" to take into account the interest income that could be expected to be earned on the sum. Depending on the state you are in, the potential of future inflation, and the tax-free nature of compensatory damages may also be taken into account.

The Demand Package
At the point when your medical condition stabilizes, which means you will not get any better or worse, your attorney will speak to your doctors and obtain medical reports regarding your prognosis. At the conclusion of your recovery, your attorney will put together a settlement demand package to try and resolve your case with the insurance company. From that point forward, negotiations will take place.

If your case does not settle, your attorney will file suit and proceed to trial. Many times an insurance company will not pay you what you deserve to recover until your case is set for trial or close to trial. Insurance companies know which attorneys take cases to trial and which attorneys settle cases. Those attorneys, who proceed and prepare a case as though it shall proceed to trial, will likely recover more money for you than a settlement lawyer.

How are Damages Computed?
In a personal injury case, compensatory damages typically can cover all economic losses caused by the injury, including past and probable future medical expenses, loss of the earnings that you would have earned "but for" the injury, and, if the disability is permanent, the loss of future earnings through retirement. For children and persons without an earning history, courts often take into account probable earning capacity. In addition to economic loss, you may also be entitled to be compensated for non-economic losses, such as pain and suffering, emotional anguish, and loss of enjoyment of life.

Not everyone who is injured is entitled to compensation, but in situations where those injuries are caused through the negligence or willful misconduct of others, the law is explicit in providing injured parties a formal avenue to be compensated for their loss. Personal injury law is a legal specialty that demands discipline, experience and judgment to guarantee a fair and just outcome.

Select an adeptly qualified personal injury lawyer in your area to learn more about your settlement.

• Return to Personal Injuries
• Learn About Time Limits

Call 301.231.9480 - Free Initial Consultation