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Personal injury cases fall under the heading of tort law. This field of law is based on a straightforward concept: When someone harms another person, the burden should fall on the individual who caused the injury rather than the one who suffered it. This idea applies whether the injury resulted from negligent driving, a defective product, or a medical error. The amount you recover in a personal injury case will be unique to your situation, and your lawyer will present many facts to the covering insurer or jury while working on your case. This information will determine the amount required to fairly compensate you for your losses.
Injury lawyers typically initiate a case by filing a liability insurance claim. Liability insurance is a contract in which an insurer promises to pay any losses caused by the policyholder’s actions. There are many types of insurance policies that can affect an injury case, including:
Your lawyer will include “proof of loss” with your insurance claim. This evidence documents the economic and non-economic losses you’ve incurred due to the at-fault party’s actions. The at-fault party’s insurer can accept or deny the claim. If they choose to deny, your attorney may need to file a lawsuit to keep your case alive. A lawsuit doesn’t end the hope of a settlement because most lawsuits are settled before they reach trial. However, negotiating a settlement after a claim denial will take additional work and time. If the insurer accepts the claim, the only remaining issue is how much they must pay. In a settlement agreement, the insurer pays compensation in exchange for the injured party relinquishing their right to any future legal claims. This arrangement will provide financial assistance for your medical bills and living expenses and prevent you from suing.
Several factors can affect the value of your case. It’s important to keep in mind that working out a settlement agreement requires compromise — even when you know the value of your claim, you might not get the full amount you could seek under a formal lawsuit. Here are two of the most important factors that might impact the amount you can pursue:
The nature and severity of your injuries determine the losses you incur, which will have both economic and non-economic effects on your life. Economic losses encompass the financial costs of your injuries. They include both the expenses you’re saddled with and the income you lose from time away from work. Economic losses include:
Serious injuries tend to produce greater losses. You’ll probably have larger bills from doctors and hospitals, and more time off work means a greater hit to your earning capacity. Thus, an injury pushes the value of your settlement up if it requires extensive medical care or long-term therapy. By the same token, you’ll typically get more when an injury impacts your ability to perform your job duties. A broken leg would have a greater impact on your earnings if you deliver packages than if you work in an office. Non-economic losses refer to the ways your injuries affect your quality of life. Examples include pain and suffering, disability, and disfigurement. These losses don’t have inherent value — rather, the degree of the loss will depend on the nature, severity, and duration of your injuries. Again, more serious injuries will have a greater impact on your happiness and enjoyment of life, producing more non-economic losses as a result.
Liability insurers cap the amount they pay to resolve claims through settlements or jury awards. This cap is known as a policy limit. Policy limits often vary depending on the type of insurance and the premiums policyholders pay. For example, Washington homeowners insurance policies typically include $100,000 in liability coverage, though policyholders can purchase more. The policy limits affect what you can expect from a settlement. Even when you can seek more, the at-fault party might lack the resources to pay for it. As a result, you may have received all you can get once the insurance benefits are exhausted. For instance, Washington requires auto insurance with at least $25,000 in bodily injury liability coverage per victim. With the cost of healthcare skyrocketing, you might have $35,000 in losses from something as simple as a broken arm. If the other driver only has the minimum required coverage and no other assets, you might only receive $25,000 in compensation.
Your actions also play a role in getting the best possible settlement. If you have strong evidence of liability, the insurer is more likely to accept the claim and negotiate a fair settlement. Some ways to document liability include:
It’s also crucial to keep records of your losses. Your lawyer will substantiate your economic losses using the following financial records:
Your attorney will primarily prove your non-economic losses using your personal testimony. You’ll be expected to describe how your injuries have affected your daily life by causing pain, sleepless nights, depression, or other adverse effects.
An experienced personal injury attorney can evaluate your claim by discussing the details of your case and reviewing your medical and financial records. This assessment won’t guarantee that you’ll get the estimated amount as part of a settlement. However, it will provide a starting point for negotiations with the at-fault party and their insurer. Consult a qualified lawyer to learn more about how much you can pursue in a settlement.
If you’ve been injured in Seattle, WA, and need legal assistance, contact Davis Law Group Car Accident and Personal Injury Lawyers. Contact our legal team and schedule a free consultation with a personal injury lawyer today. We proudly serve King County in Washington and it’s surrounding areas. Visit our law office at:
Davis Law Group Car Accident and Personal Injury Lawyers
2101 4th Ave 1030 Seattle, WA 98121
(206) 727 4000
Hours: Open 24/7
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