Personal Injury Settlements

Personal Injury Settlement Information

Let’s talk about Personal Injury. In a civil case such as personal injury where a person has been harmed and now seeking compensation from the responsible party. Periodic payments from a structured settlement can help with medical expenses and unforeseen long term costs. Individuals that seek this monetary compensation do so in various types of cases.

Examples of cases:

  • Medical Malpractice
  • Product Liability
  • Wrongful Death
  • Workplace Accidents
  • Defamation
  • Assault
  • Automobile Accidents

Personal Injury laws cover more then physical injuries. Physical, mental or emotional issues of an individual can be classified as personal injury if the damages were caused by doing something wrong or something that should not have occurred whatsoever. For example a product that caused long term health issues like Asbestos or extreme drug side effects.

Every personal injury case must prove negligence.
To prove negligence four categories in court are looked at:

Interestingly very few of cases go to court  roughly 5% with the remainder having both parties lawyers creating out of court settlements. Before this can occur a lawsuit must be filed and time must be given for research and pretrial explorations. The magnitude of injure in the case determines outcomes with both the plaintiff’s and defendants lawyers negotiating back and forth till a offer is accepted. Once accepted the lawsuit and/or future lawsuits will be dropped.

Determining the value is not easy as it is to make one whole with long term in mind.
Evaluation of multiple things will drive outcomes.

  • Medical bills accumulated
  • Length of medical treatment
  • Long-term treatment/post-accident
  • Lost Income
  • Pain and suffering
  • Long term diagnosis

 

Physical injuries that are associated with long-term effects are usually permanent disabilities such as amputations, paralysis, or TBI’s which create a diminished mental capacity, but soft tissue injuries that affect the tissue surrounding and connecting tendons, muscles, and ligaments are also usually long term. The more severe physical injuries associated with an accident commonly include brain and head trauma such as a traumatic brain injury, neck injuries such as whiplash, neck strains, or disk damage, and back or spine injuries such as sprains, strains, fractures, or disk injuries. Determining the extent of an injury and the potential for future pain and suffering is an important component when executing a structured settlement.