Common Factors that Influence Your Personal Accident and Injury Settlement

If you have recently been injured in a car accident, slip and fall accident, or any other type of injury accident that was caused by someone else’s carelessness or negligence, you may be thinking about taking legal action.

At this early stage in the process, you may be wondering whether it is even worth it to pursue compensation for your injuries—and if so, whether you should hire a personal injury attorney to handle your accident and injury claim.

Here are a few different common factors that may influence your personal injury settlement or result in your accident or injury case:

Your Injuries

The type of injuries you suffered in the accident, along with the severity of those injuries, will likely be the biggest factors influencing the amount of your settlement. Generally, the more serious the injuries are and the more of an impact they have on your quality of life, the higher the settlement you will be offered for the injury accident.

Your Medical Care

The medical treatment that you have already received or will require in the future to recover from your accident and injury is also a common factor contributing to your settlement. Medical bills are often included as damages that you suffered due to the injury.

You should be compensated for all reasonable and necessary charges related to the treatment for your injuries in the accident. In cases of long-term disability caused by an accident, a settlement may include money to compensate you for future medical bills you will incur for future and long-term medical care.

The Defendant’s Insurance Policy

One factor that may influence personal injury settlements is the at-fault party’s insurance policy. In most cases, you or your attorney will negotiate the terms of the settlement with the party’s insurance company, rather than negotiating with the person who caused your accident or injury.

Since the settlement will typically be reached with the insurance company, there may be certain restrictions due to the policy limits of the at-fault party’s policy. Most of the time if a settlement is reached, it is for an amount within the policy limits. An insurance company may also offer the full policy limit in cases involving more serious injuries and substantial medical bills.

Filing Your Case in Court

When a personal injury case is filed in court, it creates more pressure on the at-fault party to settle their case. The litigation process for an accident or injury case can be both time-consuming and costly, and in many cases, it can be beneficial to both parties to reach an agreement before litigation begins.

There are usually costs associated with formally filing your case in court, which also lets the at-fault party know that you are serious about moving forward with litigation. This move can put pressure on the other side to make their best and final offer to get the injury accident case wrapped up on their end before they are required to spend substantial time and money defending it.

Hiring an Accident and Injury Lawyer

Another factor that may influence your personal injury settlement is whether or not you hire a personal injury attorney to represent you. While it is possible to handle a personal injury case on your own, it is almost always better to hire a personal injury attorney to handle your accident and injury claim.

A 2017 research study conducted by Martindale revealed that injured parties who participated in the study received net payouts from their settlements that were approximately three times higher than those of the parties that did not have an attorney represent them.

Experience and Skill Matters

An experienced personal injury attorney will have the skills needed to effectively present your case to the insurance adjuster handling the claim on behalf of the at-fault party.

Your attorney will initiate your case by starting the negotiation process with a settlement demand and will negotiate from there to work toward a fair and reasonable settlement that is agreeable to you.

Contact Goodnow & McKay

The Arizona personal injury attorneys of Goodnow McKay have spent many years successfully pursuing compensation for clients who have suffered personal injuries in a variety of different cases. Our attorneys are committed to fighting for the best outcomes for their clients with accident and injury claims. Contact our office today to schedule a free consultation to meet with one of our attorneys so that you can move forward with your accident and injury case as soon as possible and receive the settlement you deserve.