- February 02, 2022
- Personal injuries
When someone is injured in an accident, a personal injury lawyer can file a claim for compensation on behalf of the victim or the victim's family. In about 95% of cases, a personal injury claim never makes it to court, instead settling for an agreed amount before the claim is filed. This is known as an agreement. If you want to know how much to ask for in a personal injury settlement, a personal injury attorney is invaluable.
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Common Personal Injury Claims in Philadelphia
Personal injury claims come in all shapes and sizes, but some of the most common include:
- Traffic accidents, such as car, truck and bus accidents.
- Premises liability claims including slip and fall accidents, drowning accidents, and dog bites
- Product Liability Claims Related to Dangerously Defective Consumer Products
Other types of claims that are similar to personal injury claims (and proceed in a similar manner) include:
- Homicide lawsuits (where the victim who would have filed a personal injury lawsuit succumbs to the injuries)
- Accidents in construction works, which are labor claims
- Medical malpractice claims
If you have been injured due to someone else's negligence, it is in your best interest to consult an experienced Philadelphia personal injury attorney early in the process.
Why do some personal injury defendants settle in Philadelphia?
If a case is particularly strong and the defendant's liability is irrefutable, neither party gains anything by going to court. It makes more sense for everyone involved to come to a fair deal and move on,
In personal injury cases, such as those involving car accidents, medical malpractice, or product liability, where the injuries can be serious and the defendant's liability is clear, the amount of money that victims receive can vary and depends on several factors. . Some of these factors may include those of the victim:
- type of injuries
If you are considering filing a claim, it is important to understand how attorneys for the plaintiff, defendant, and insurers determine the amount you may receive. If you want to know how much to ask for in a personal injury settlement in this situation, ask a Philadelphia personal injury lawyer.
Is there a magic formula to determine the amount of the personal injury settlement in Philadelphia?
How much to ask for in a personal injury settlement is not a number that you determine. When your attorney files your personal injury case, the insurance broker uses a formula to determine how much your case is worth. In general, they add up the medical expenses and multiply that number by any number from 1.5 to 5, depending on the severity of the injuries. They then add the lost wages to that number, and that determines the starting point for negotiations.
What other factors determine the prize amount?
If a personal injury case goes to trial, a judge or jury decides how much money to award the victim. When attorneys negotiate a settlement out of court, the amount of money awarded can be increased or decreased from the original formula, depending on the unique circumstances of the case. Some factors that determine the settlement amount include:
- How attorneys think the case will fare at trial: This can include a number of factors, including the existence and reliability of witnesses to the accident. If settlement negotiations fail, the case could still go to trial, so it is important to know in advance if there is a chance of winning.
- The extent of the injuries/damages: In cases of permanent disability, severe emotional distress, or wrongful death, claims are likely to be much higher than in other cases.
- The responsibility of the defendant: in addition to determining whether or not the defendant is guilty of causing harm, there is also the question of material proof that the defendantdirectlycaused the injury, whether by intent or negligence.
- The defendant's material wealth – Even if punitive damages are awarded, you will never be able to collect the money. The amount of compensation is always limited by the resources of the defendant or the insurer.
For context, you may want to investigate the average settlement for a case comparable to yours. The median is not equal to the mean; is simply the middle of the stack of all comparable cases. There is typically a wide range of settlement sizes, and the average number may not say anything about the amount of compensation you will receive for your specific case.
Punitive Damages: How Much to Claim in a Philadelphia Personal Injury Settlement?
When a case goes to trial, a court is free to award emotional damages based on what it deems appropriate in the specific case. In some cases, a jury will awardpunitive damagesto a claimant. This is an amount of money in addition to what the injured party is already entitled to receive, and is intended to punish the defendant for acting in a way that caused harm to others.
For example, if a driver runs a red light and causes an accident, the person injured in that accident may receive "extra" compensation to punish the driver for being reckless. If the defendant's negligence resulted in death, the amount of punitive damages will likely be higher. Also, if the defendant is a large company, the amounts may be even higher. Punitive damages can also be awarded in a settlement; ask your lawyer about this possibility.
Your Legal Damages in Your Philadelphia Personal Injury Claim
If you are injured by someone else's negligence in the state of Pennsylvania, you may be able to seek compensation for your losses, what the law calls damages, in a personal injury claim. While each personal injury claim is unique to the specific situation and circumstances involved, the main categories of legal damages remain the same.
Your medical costs
Depending on the severity of the injuries sustained, your medical expenses could be extensive. If you also suffer secondary health problems related to your primary injuries, you can expect the medical expenses incurred to continue. Some of the more common medical expenses include:
- Assistance of medical emergency professionals to the scene of the accident and emergency transfer from the scene
- Surgery and follow-up
- hospital admissions
- Health care from doctors, specialists, and other medical professionals
- Medical treatments, procedures and tests
- Medical prescription
- Physiotherapy and/or occupational therapy
- Adaptive physical devices
- home health care
- pain management
It is important to have a complete accounting of your medical expenses and a forecast that addresses any future medical costs before accepting a settlement offer.
your lost income
You were injured and, as a result, you will most likely miss work and experience a drop in income as a result. If your injuries interfere with your ability to do your job, it could affect your career and earning potential. If you cannot return to work, the matter is much more serious. Another important point to keep in mind about career-related losses is that since our careers and our sense of identity are often intertwined, they can include a strong emotional component that should not be overlooked.
your pain and suffering
While your financial losses, when it comes to lost income and medical bills, are much easier to account for, the physical and emotional pain and suffering you endure as a result of someone else's negligence should not be discounted. The emotional toll that a violent car accident, for example, can take on you can be immense, including psychological symptoms such as:
- severe mood swings
- Flashbacks from accidents that can interfere with daily life
- Increased anxiety which may includeanxiety attacks
- increased irritability
- Tendency to isolate and/or alienate others.
- Sleep disturbances which may include insomnia, nightmares and/orNightmares
- Difficult to focus
One of the most difficult challenges of these emotional consequences is that they can leave victims with less emotional support from loved ones and family just when that support would be most beneficial.
One of the most important elements of your personal injury settlement is ensuring that all of your physical, financial, and emotional damages are well represented. The surest path to regaining your health and well-being to the fullest extent possible is with the compensation to which you are entitled, supporting your recovery efforts.
Your Philadelphia personal injury claim will most likely be settled
You were injured by someone else's negligence and, as a result, filed a personal injury claim. The fact is that the vast majority of personal injury claims are settled out of court, and that means that the insurer handling your claim will offer a settlement that covers your losses in full and that you, with the guidance of your attorney Philadelphia Personal Injury specialist: will accept this offer. However, that is not to say that getting to that point is easy, or even straightforward, and this is where your personal injury lawyer comes into play.
Work Closely With An Experienced Philadelphia Accident Lawyer
To protect your legal rights as you seek your rightful compensation, it is recommended that you work closely with a Philadelphia personal injury attorney for the following reasons:
- In their effort to build your strongest claim, your attorney will collect all available evidence involved.
- Your attorney will skillfully negotiate fair compensation with the insurer.
- Your lawyer will be well prepared to file a lawsuit and go to court if the insurer is not willing to negotiate in good faith.
Call us today for a free consultation with a Philadelphia personal injury attorney.
People injured in an accident they did not cause are entitled to monetary compensation. If you've been injured in an accident, a personal injury lawyer can help you collect compensation for lost income, medical bills, other tangible costs like car repairs, and possibly pain and suffering. How much to ask for in a personal injury settlement depends on many factors.
At Mattiacci Law, LLC., we are always available to help you with your claim. We strive to provide excellent service to our customers in Philadelphia and New Jersey. Our services are completely free until you receive money for your accident.Contactour offices now so we can start your case.
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