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How Does Personal Injury Compensation Work?

Personal injury compensation is provided when an individual sues a responsible party for causing an accident (auto accident, slip and fall, etc). By suing the responsible individual, the victim is alleging that there was some duty or responsibility to protect their safety that was not provided.

Personal injury includes may different types of accidents. Victims may be able to receive compensation for everything from slip and fall accidents to auto accidents.

In order to receive compensation for a personal injury case, the victim will need to prove that the responsible individual was negligent or malicious and caused unsafe conditions or an accident. They must also prove that the accident or unsafe conditions lead directly to the injuries.

If the victim is able to successfully prove that the accident was at the fault of the other individual, they will be able to receive compensatory damages from the at-fault individual.

How Long Does a Settlement Take?

The time before you get your settlement amount will depend on your unique circumstances. First, you must gather any and all evidence regarding your accident. This can include taking photos of the accident area and talking to any witnesses who were present during the time of your injury.

Next, you and your personal injury attorney will need to negotiate with the insurance companies. This process may take a few weeks until you finally come to an agreement on the amount of money that would adequately compensate you for your injuries. This process can take longer if there are complicated injuries involved or high monetary amounts being discussed.

Once everything is finalized, it can still take about three to four weeks until you receive your compensation.

What Are the Main Factors that Affect my Settlement?

Certain factors will influence the amount of money you receive from a personal injury settlement. Essentially, the more severe the injury, the more money you will be able to receive. However, here are a few of the factors that will secure you a higher settlement.

  • Having an injury that has a long recovery period.
  • Having an injury that is permanent or has a permanent consequence, such as having a scar or losing functionality.
  • Having an injury that requires long-term treatment or care.
  • Having an injury that requires treatment from a medical doctor or a stay in a clinic or hospital.
  • Having an injury to a bone, the head, a joint, or the vertebrae, also known as a “hard” injury.
  • Having an injury that requires medication.
  • Having an injury that disrupts your traditional day-to-day life, including missing education, work, or special events.

What Are the Processes and How Are Settlements Calculated?

The above factors are just one instance of determining how much your personal injury settlement is worth. There are other various areas that you may be able to receive compensation for your injuries.

The first and most common area for your settlement will be your medical expenses. Your medical expenses will include past medical expenses and costs for future treatments or care. Medical expenses can also cover the cost of medical accessories, like a wheelchair or crutches.

Lost wages is another popular area for your settlement. Lost wages include the amount of money you’ve lost from missing work. This can also include if you’ve received paid time off or other benefits from work. If you’re unable to return to your job after your injury, you can receive compensation for future lost income.

If any property was involved in the accident, such as a vehicle, you can also receive compensation to replace or repair that property. This area does not apply if property was not involved in the accident.

You may also be able to receive compensation in pain and suffering. Because injuries can cause severe emotional and physical pain or distress, you can receive monetary assistance to help you cope with that stress.

Our attorneys will work with you to determine the proper amount of settlement to ask for. For compensatory damages, you will only be able to ask for the amount of money that you’ve directly expensed. This makes it easy to determine how much money is owed to you and how much you should ask for a personal injury settlement.

In order to maximize the potential of your personal injury settlement, contact one of our experienced attorneys today!