Factors That Determine the Value of Your Personal Injury Settlement

Imagine having the same case as another person you know. You realize you have suffered similar damages, with the same costs involved. However, you later get to learn you had varying compensation amounts. This can easily eat you up as you struggle to understand the difference. It’s worse if you received the lower amount.

Several variables go into determining the amount you get for a settlement. These factors can determine the worth of your compensation and why the different cases have varying settlement amounts. 

Some of the factors include; 

·         Liability 

The liability is all about who is responsible for the accident. You have to prove that the other party is liable for the injury to get the full compensation. The proof involves providing evidence that the responsible party neglected their right to care. 

While the law allows you to receive some compensation even if you are liable, the amount goes down. It depends on your responsibility. For example, you will get less than 20% if you are responsible for 20% of the accident. The comparative and contributory law allows up to 50% fault. 

·         The other insured reaction

How the other insured reacts after the accident determines if you will get a higher compensation or not. While in most cases you want a cooperative party, the insurance claim is not such a time. An apologetic and a sympathetic insured on the other side might mean low compensation. 

By being sympathetic, the liable party shows they might not have intended for the accident to occur – that it is a genuine accident. Otherwise, for the arrogant and non-corporative side, you might be in for the treat of your life. The more the non-sympathy the better your chances to convince a jury against them. 

·         Evidence presented 

A settlement case is not a matter of your word against theirs. Instead, it is the kind of evidence you provide to back your claims. 

The best way to find the right evidence is by following the right protocol after the accident. Report the issue to the police who will assess the scene and collect statements you can submit as evidence. You will also need the evidence in the form of medical records. The physician would write a full report on your medical condition immediately after the accident. 

Still, you need to collect some evidence by yourself. Secure witnesses from the scenes willing to testify for you. You can also take pictures and videos of the scene. 

·         Patience 

Finalizing a personal injury case takes time. You first have to establish the liable party, calculate the level of responsibility before agreeing on the right amount to pay. In most cases, you will need to negotiate as the insurance company will offer a lower amount. 

If you are in a hurry you won’t worry about the details. Instead, you will accept any amount offered to get done with the issue. However, with patience, you are likely to get the rightful compensation. You will be willing to follow the law and be willing to even take the issue to a court. 

·         Working with a lawyer 

The most important factor that determines your settlement is working with a qualified lawyer. Representing yourself makes you vulnerable to manipulation from the experienced insurance company lawyer. 

Contact a Rockford Personal Injury Attorney to help you get the rightful compensation. The lawyer will help determine liability and collect sufficient evidence. The lawyer is willing to go to any length to ensure you get the rightful compensation. 

Bottom Line 

Understanding the above factors will help you get a higher compensation after an accident. For assured returns, work with a qualified personal injury lawyer. 

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