For all personal injury claims made, around thirty percent of claimants receive zero compensation. A good number of claimants receive more than $75, 000 as compensation while others get zero. The average personal injury compensation from the research is capped at $52,900. You are likely to get anything between $3000 and $75,000, which is the general compensation range.
Compensation is on a case by case basis, and there are scenarios of even more significant payouts to claimants. So, what factors are put into consideration when calculating a personal injury compensation value? An experienced personal injury law firm like Richmond Vona, in Buffalo, NY, can help you maximize the amount of money you can recover based on your injuries. With that being said, here are some of the factors that impact the amount of your personal injury settlement.
Contributory Negligence
When you make a personal injury claim, the first thing is to conduct a formal investigation. The insurance investigator will try to determine whether an application should be accepted or denied. If an investigation finds evidence that you, as a person, are at fault, it will be difficult for you to follow through with your claim comprehensively.
Contributory negligence is often used by the defense to bar the claimant from receiving any compensation.
Medical Expenses
Cases that require frequent follow-up with doctors as opposed to a chiropractor can significantly push up the value of the compensation expected. Follow-ups mean more prolonged periods of treatments, more appointments, and medical prescriptions; the same may involve a customized insurance cover. Reconstructive surgery can be enlisted as part of the bargain for a higher settlement.
Disruption
If an accident leads to a personal injury that disrupts your healthy daily life, the same is factored into the compensation. For instance, an injury would leave a victim unable to work anymore due to physical impairment necessary for specific tasks. Other factors like immobility disrupt a victim’s daily life and must be factored into a fair personal injury settlement. In many scenarios, the payout will be higher.
The severity of the Injury
Severe injuries such as spinal code damage, trauma, and associated pain and suffering significantly raise the value of a settlement. The law has no distinct definition of what qualifies as severe injuries. However, based on precedence, brain trauma, permanent loss of body parts, and disfigurement have consistently attracted higher personal injury settlement.
Cost of Litigation
Litigation is expensive. Witness deposition, clerical work, expert witness testimonials, and court appearance drive the cost up. Also, when cases pass key milestones such as a motion to dismiss the case, the same drives the cost up.
In such scenarios, the defense may be willing to forgo litigation and settle though at a higher value, but to avoid running up their defense costs. According to research, 70% of personal injuries settlement is often paid out of court. Possible reasons being the claimants lacking the resources to prosecute or push the matter to trial. Deep-pocketed defense takes advantage of this and squeezes on the settlement offer.
Publicity
Attention is the new currency. When the party liable is a reputable company, they will always try to settle and avoid any thought of litigation. Often, the company management fears the ripple of effect of the bad publicity generated from such dispute, including a drop in stock prices. Therefore, to settle the matter amicably, such companies offer a significant settlement that claimants often can’t resist accepting.