June 10, 2023

Lemon Law

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What Are the Factors That Determine the Size of a Settlement in a Personal Injury Case?

What Are the Factors That Determine the Size of a Settlement in a Personal Injury Case?

An accident can happen at any time. No matter whether this is a slip and fall accident, and motor vehicle accident, or even an accident that is sustained while playing sports, all injuries deserve to be taken seriously. If you have been injured through the direct action or negligence of someone else, then you may be thinking about filing a personal injury case. Medical bills are expensive. Particularly if you have to go to the ICU, undergo an emergency operation, or see a specialist during your recovery process, you may feel like you should not be responsible for these bills. That is where a personal injury settlement can be helpful. What are some of the factors that will determine the size of any potential personal injury settlement? With the help of professionals, such as the team from the Epstein Law Firm, you can navigate these factors successfully, ensuring that your rights are defended vigorously.

The Severity of the Injury Sustained

One of the first factors that will play a role in the size of a personal injury settlement is the severity of the injury sustained. Keep in mind that a personal injury case is designed to provide someone the compensation they deserve based on the injury they suffered. It is not designed to punish the other person involved. The more serious an injury is, the greater than medical bills will be. Therefore, the greater the compensation will be as well. For example, even though a broken bone is serious, not every bone fracture requires surgery. In contrast, someone who has suffered a spinal cord injury or a brain injury may require emergency surgery. Because this injury is more expensive, the potential for personal injury compensation could be greater.

The Prospect of Missed Time from Work

There are a lot of people who have to miss time from work due to the injuries they suffer. If that is the case, people could end up losing a significant amount of income. If they did not suffer a serious injury, they would not have to miss time from work. Therefore, the prospect of lost income due to injuries could also play a role in the size of a personal injury settlement. 

The Potential of a Prolonged Recovery Process

The longer the recovery process goes, the greater the personal injury compensation could be. Keep in mind that a personal injury settlement is not designed to solely cover the cost of incurred medical expenses. This settlement is also designed to cover the cost of future medical bills as well. In some cases, people may end up going through medical rehabilitation for the rest of their lives. For example, someone who is trying to regain the use of their legs following a serious injury could have to see a specialist for months or years after the injury. This can get expensive. A personal injury settlement could cover these expenses as well. 

The Resources of the Other Party

Finally, the resources of the defendant will also play a role in the size of any personal injury settlement. In some cases, these cases could be pursuing compensation from an insurance company. This settlement has the potential to be significantly larger than pursuing a settlement from a single individual, who may not have as much money. If the other party does not have a lot of resources, it doesn’t matter what the judgment is going to be. If the other person cannot pay, then the full personal injury settlement may never be realized. 

Enlist the Help of a Trained Professional

These are only a few of the many factors that are going to play a role in a potential personal injury settlement. It is critical for everyone to remember that they do not have to go through this process alone. Particularly for those who have never navigated the legal system before, this process can be intimidating. Following an injury, you should be focused on your medical recovery. Allow a trained personal injury attorney to focus on these issues for you. That way, you know that you are getting fair compensation for the injuries you have suffered.