Law

7 Factors Determining Personal Injury Payment

You should expect to get fair compensation after filing personal injury claims. According to the U.S. Department of Justice Report, legal representation increases your settlement chances. The money and the time spent to recover it depend on several factors, as follows.

  1. The Number of At-fault Parties

An accident may involve one or several parties with a legal liability to the victim. The higher the number of at-fault parties, the better the chances of claim settlement. Remember, the parties involved could be people or organizations absent from the scene of an accident. Therefore, you need personal injury attorneys to help you.

  1. The Number of Victims

The number of victims seeking personal injury determines the ease of payment. The at-fault party may have limited resources to settle claims from multiple victims, making it hard for the injured people to get their rights.

  1. Injury Severity 

Severe accidents get more compensation than minor injuries. Fatal accidents may cause broken bones and spinal cord damage, while soft-tissue accidents result in sprains and bruises. Hence, these hard injuries have high treatment costs and may disrupt a person’s life, raising the settlement value.  Additionally, permanent damages such as brain trauma, loss of a body part, or loss of mobility increase the payments.

  1. Who Bears the Legal Liability?

It is common for parties to dispute accident liability. In such cases, the victims have a hard time recovering their losses. For instance, if there is no witness for a car accident, the at-fault driver may refuse liability and deny the victim justice. Also, the parties must agree on the amount of compensation for a smooth process. A personal injury attorney can assist you compile the right evidence and make a strong case for settlement.

  1. Knowledge of Claim Settlement

Filing a case requires time, effort, and expertise. There are negotiations with an insurance company, collecting evidence, documentation, and sometimes lawsuits. If a victim is quick to settle for what the at-fault party offers, they may miss out on the full payment. Inversely, a legal representative has a better chance to estimate all the costs and recover the full amount.

  1. Financial Resources by the Party Bearing Legal Liability

The victim gets compensation from the at-fault party’s pocket or insurance company. If the insurance policy covers the extent of damages, the victim has an opportunity to get their claim. But sometimes, the party with legal liability can’t meet obligations and forces the victim to settle for less.

  1. Newsworthiness

A case might attract bad press publicity and a defendant’s scrutiny. Anyone would want to stay away from such situations, especially high-profile parties. Thus, the settlement may be quick and high to avert negative headlines.

A successful settlement depends on the at-fault parties, the victims, and the legal representation. If you have personal injury attorneys, they can negotiate and compile evidence for an efficient and fair settlement. However, the value also depends on the financial resources available and the number of parties with legal liabilities. Also, the number of victims and severity level determine the payments.

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