What Factors Can Impact the Size of a Personal Injury Settlement?

Personal injury claims give you the chance to recover the losses you suffered as a result of another party’s negligent conduct. When you begin your case, you will be negotiating with insurance companies to receive fair compensation, but you may not know whether there are any effective ways to maximize your personal injury settlement.

The size of the settlement you receive could be affected by a number of factors. With a personal injury lawyer by your side, it’s possible to effectively fight for the compensation you deserve.

Severity of Injuries

One of the factors that influences your personal injury settlement the most is how severe your injuries are. Insurers and lawyers will look at the medical costs associated with treating the injury as well as how it will impact your life. Someone who suffers whiplash, for example, will typically get a smaller settlement than someone who suffers a traumatic brain injury.

How long the recovery process will take is looked at closely, too. People with injuries that will take months to heal and those who will never fully recover tend to receive larger settlements.

Medical Expenses

Treating serious injuries can mean significant medical expenses, so it stands to reason that these cases deserve larger settlements.

Your legal team will also consider the need for ongoing treatment. If you need to receive rehabilitative care, which can take months, the personal injury settlement must address these losses.

Lost Wages and Loss of Earning Capacity

Suffering an injury in an accident can mean missing days or weeks of work as you recover. You will lose the salaries, commissions, and other wages you would have made. The settlement you receive must cover these losses.

But what if you can’t return to work in the same capacity or at all? Your personal injury lawyer must calculate how much you would have made in your career by predicting its trajectory and include that in the damages you seek from the other party.

Pain and Suffering

An injury doesn’t just leave you with medical bills; it can cause you significant physical and emotional pain. This is another factor that the settlement must address. If you can’t live your life the way you used to and are battling ongoing pain or mental health concerns as a result of the injury, your compensation should reflect that.

Liability and Fault

In a personal injury case, you must show that the other party was negligent or wrongful in their conduct. Negligence requires establishing that they owed you a duty of care and breached that duty, which resulted in your losses.

Virginia is one of the few states with contributory negligence laws. These don’t allow you to recover any compensation if you are even 1% at fault for the injuries you suffered. If there are any disputes as to fault, you can expect lower settlement offers from insurance companies or an attempt to bar you from recovering anything.

Strength of Evidence

The stronger your evidence is, the larger the settlement will likely be. Having eyewitness accounts, videos or photos, medical records, or other indisputable evidence can be a significant boost to your claim.

Expert witness testimony also plays a role. If you have accident reconstruction experts clearly stating what caused a collision, for example, it can be tougher for the other party’s insurance to deny liability.

Negotiation Skills and Legal Representation

Your attorney plays a significant role in the personal injury settlement you receive. If you try to represent yourself, you might walk away with a small settlement or nothing at all. A lawyer knows how to clearly present the case and collect the evidence that can be most helpful.

They know the various tactics that insurers will try to minimize your claim and will aggressively fight on your behalf. An attorney can also take the case to court, which could be a good bargaining chip since most insurers prefer not to go through such a long and expensive legal process.

FAQs

How Long Do I Have to File a Personal Injury Claim in Virginia?

In Virginia, the statute of limitations for filing a personal injury claim is generally two years from the date you suffer your injuries, but there could be exceptions that extend or shorten that timeline.

Am I Guaranteed a Settlement if I Begin a Personal Injury Claim?

No, and your lawyer will never guarantee that you will receive compensation. If they do, then that could be a red flag that they’re not as reputable or experienced as you need them to be.

Is a Settlement or a Court Case Better?

In most instances, a settlement is the better option. It is faster, allowing you to get the assistance you need in a timely manner. A court case can take months, which means continuing to pay for your losses out of your own pocket. There’s no guarantee in a court trial that things will go your way, either. 

Hire an Experienced and Dependable Personal Injury Law Firm

Getting the best possible settlement means hiring experienced attorneys to help you. At Commonwealth Law Group, our team represents people throughout Virginia who have suffered because of another party’s conduct. Don’t wait to start your claim. Contact us for a free case assessment.