If you or someone in your family has been injured because of the intentional, negligent, or careless actions of someone else, you may be able to recover compensation for your losses.
Connecticut personal injury claims are resolved through an insurance settlement in many situations. However, you may also need to file a lawsuit against the negligent party to get the compensation deserved.
No matter how the personal injury claim is resolved, several factors will impact the value of your personal injury settlement. Learn what these factors are here.
Factors That Impact the Value of Your Personal Injury Claim
Injury Severity
One of the main factors determining your settlement offer is your injuries and how severe they are. Usually, the more severe the injuries, the higher your settlement offer will be.
For example, catastrophic-type injuries, like traumatic brain injuries (TBIs), spinal cord trauma, dislocated or broken bones, amputations, and others, will be given higher settlements than minor injuries, like sprains, strains, and bruises.
An issue that you should discuss with your personal injury attorney after an accident relates to the injuries and damages you have sustained. Most attorneys will avoid taking on cases without any quantifiable injuries, accident-related medical costs, lost wages, and other issues related to a specific case.
If you experience a back injury, for example, and your MRI, CAT scan, and X-ray do not show any clear findings, and all your complaints seem subjective, your case will likely be worth much less money than one where you had a fractured bone and needed surgery.
Disruption to Your Life
Some injuries can cause dramatic disruptions to a victim’s life. For example, accidents and injuries may make it impossible for you to take on normal, day-to-day activities, like chores or going to work.
If you experience an injury that disrupts your life, it will be considered when determining a fair settlement value.
Treatment and Recovery
Personal injury settlements are usually more if you must endure extensive treatment for the injury you sustain. Examples include being admitted to the hospital, undergoing extensive rehabilitation or physical therapy, and continuing to go in for follow-up visits. Reconstructive surgeries are also related to situations that require more treatment and care.
The duration of your recovery also affects the settlement you receive. The longer your recovery time, the more your medical care will increase.
Liability Considerations
Personal injury settlements are contingent on liability. If the alleged at-fault party is 100% to blame for the accident, it will usually result in a higher settlement. However, sometimes the victim will share responsibility for the incident.
In this situation, you can still recover compensation if you were found to be 50% or less at fault for the accident. Connecticut’s modified comparative fault law outlines this.
Psychological and Emotional Trauma
Sometimes, the pain and suffering caused by an accident go beyond just physical injuries. It is not uncommon for victims of an accident to experience psychological and emotional trauma. This includes things like depression, fear, anxiety, and PTSD (post-traumatic stress disorder).
It can impact your settlement if you have evidence of emotional and psychological trauma caused by your accident-related injuries.
How to Get the Best Personal Injury Settlement
As you can see, multiple factors impact the value of your personal injury claim. While this is true, there are things you can do to help increase your claim.
Know What Is Fair
When writing your settlement demand letter, you determine a range of what you believe is fair. Before discussing your settlement demand with an insurance adjuster, determine a minimum acceptable amount. This is for your information and not something to reveal to the adjuster. Knowing this number is beneficial before you begin negotiations with the insurance company.
You do not have to stick to the figure you originally set. If the insurance adjuster brings up facts that will weaken your claim, it may be necessary to lower your figure. If the adjuster begins too low or with a number that is close to your minimum, or if you have evidence that makes a claim stronger, you should revise for more. Your attorney can help you determine your claim’s fair figure.
Never Accept a First Settlement Offer
Insurance adjusters are trained to save their company money. Because of this, you can feel confident that any first offer from an insurance adjuster will likely be significantly lower than what you deserve.
When a first offer is made, you should turn to your attorney to determine what to do next. If you do not have an attorney, it is best to speak to one before deciding on how to proceed.
Your attorney has the skills and ability to negotiate on your behalf to help you get the compensation you truly deserve.
Use Emotional Points When Negotiating a Settlement
It is smart to mention emotional points to support your claim during settlement negotiations. For example, did your injury impact your ability to care for your children? Is your child suffering because of this? If so, it can be used as a point of negotiation to help you recover a fair amount of compensation.
Hire an Attorney to Help with Your Connecticut Personal Injury Claim
If you were injured in an accident caused by another person or party, you have the right to recover compensation. However, knowing the value of your claim and what impacts this value is helpful and will help you get a fair offer. Your attorney can also provide assistance with negotiations to ensure you receive the compensation you are entitled to.
At Johnathan Perkins Injury Attorneys, we understand that you deserve results. Contact us today for a free consultation.
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