How Personal Injury Settlements Are Determined
A skilled Arizona personal injury lawyer can fight for your rights
When you’ve been injured in an accident linked to negligence, one of the first things on your mind might be: How much will I receive in compensation? Personal injury settlements vary widely, and determining the value of a case involves several key factors.
These factors don’t just rely on the severity of the injuries but also on the evidence gathered, medical records, and the impact of the personal injury accident on your daily life. A personal injury lawyer can assess these details carefully to provide a reasonable estimate of your case’s worth.
What factors influence personal injury settlements?
Several specific elements influence the outcome of personal injury cases. These include the extent of your injuries, the medical treatment received, and how well the parties involved present their cases. Below are some of the main components that shape a personal injury settlement.
Accident scene evidence
Photos of the accident scene can establish fault by documenting specific details. This could be damage to vehicles, lack of warning signs, hazardous conditions, and other strong visual evidence.
It’s also important to report the accident you were involved in and get a copy of the report in writing. For example, if you were involved in a car accident, you should notify the police and get a copy of the crash report.
Injury documentation
Whether you were involved in a traffic accident or a slip and fall, you should get medical attention as soon as possible. This helps establish the link between your injury and the accident you were involved in. Plus, it helps you address the injury early on before it worsens.
Also, take photos of your injuries taken shortly after the incident and throughout recovery. This helps demonstrate the severity of harm.
Additionally, visible injuries often make a significant impact when seeking compensation for pain and suffering. So, be sure to maintain a daily journal demonstrating the impact your injuries have on your life.
Medical expenses
Medical bills from emergency care, surgeries, or physical therapy directly affect the value of your claim. The more extensive the treatment, the higher the likely settlement to cover those costs. This might include future medical expenses, such as ongoing therapy or rehabilitation.
How does credibility impact personal injury cases?
Credibility is a key factor in determining the value of your personal injury settlement. Insurance adjusters and personal injury attorneys assess how consistently both parties present their versions of events. If your statements align with the evidence and remain consistent during negotiations or trial, it strengthens your case.
On the other hand, if the other party appears less reliable, that can also work in your favor. Witness statements contribute to your credibility by supporting your account of the incident. Additionally, medical records must align with the injuries you report to avoid discrepancies that could undermine your claim.
How does medical history affect a personal injury settlement value?
Your medical history can influence how insurance companies view your injuries. Pre-existing conditions don’t disqualify you from receiving compensation, but insurers may try to argue that some of your symptoms existed before the accident.
For this reason, it’s important to document how your accident aggravated any prior injuries or conditions. An experienced Arizona personal injury attorney can help prove that even if you had a previous injury, the incident you were involved in made your condition worse, which justifies your compensation.
Why does the type of medical treatment matter?
The type and length of medical treatment you receive help establish the severity of your injuries. If your injuries required emergency care, surgery, or physical therapy, these treatments signal to insurers and courts that the accident had a serious impact on your life.
Insurance companies also consider the consistency of your treatment. Regular follow-up visits indicate that your injury is ongoing, which can help you get a higher settlement. Gaps in medical care, however, may raise doubts about the extent of your injuries.
What other factors play a role in personal injury settlements?
Other common factors that influence the outcome of a personal injury case include:
- Lost wages and reduced earning capacity: If your injuries forced you to miss work or reduced your ability to earn a living, you may be entitled to compensation for lost income. This includes both past wages and any future earnings you might lose due to lasting injuries.
- Pain and suffering damages: Non-economic damages such as pain and suffering account for the physical pain and emotional distress caused by the accident. The more severe and long-lasting the impact, the higher the potential payout for these damages.
- Insurance policy limits: The settlement amount often depends on the limits of the insurance policies involved. In some cases, policy limits cap the maximum payout, regardless of the extent of injuries or damages.
- Comparative fault: In states with comparative fault rules, the amount you can recover may be reduced if you are found partially responsible for the accident. In Pennsylvania, for example, if you are more than 50% at fault, you may not be eligible for compensation at all.
How does an Arizona personal injury lawyer estimate the value of my case?
An experienced Arizona personal injury lawyer can gather evidence, such as medical records and accident reports, and compare your situation with similar cases they’ve handled in the past. This includes tallying up all economic and non-economic damages to determine how much you would be eligible for in compensation.
They’ll also take into account the strategies used by insurance companies to minimize payouts such as downplaying your injuries or attempting to shift the blame. They can push back against low settlement offers and fight for compensation that reflects the true impact of the accident on your life.
Let us fight for your compensation while you focus on recovery.
If you’ve been injured due to someone else’s negligence, the Browne Law Group knows how to fight for the justice and compensation you deserve. Attorney Byron Browne will investigate every detail of your case, gather evidence, and take on those responsible, including insurers trying to minimize your compensation.
With experience delivering results, our law firm is prepared to negotiate aggressively or go to court if needed. Some of our top personal injury case results include:
- A $2.75 million settlement for a client injured by a drunk driver.
- A $1.8 million settlement for a misdiagnosis in a medical malpractice case.
- A $1.6 million settlement for a victim of a serious trucking accident.
We offer a free consultation to answer your questions and work on a contingency fee basis, meaning you owe nothing unless we win your case. Contact us today for a free consultation. We’ll give you honest answers and a clear plan for moving forward. You have nothing to lose, and we’re ready to fight for the justice you deserve.
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