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How Are Personal Injury Settlements Calculated?

If you’ve been injured as a result of the negligence or recklessness of someone else, you may be wondering how much to ask for in a settlement. The answer to this question will vary depending on the circumstances of your case, but you should never ask for less than the average based on your situation, which could be anywhere from $3,000 to $10,000, or even as much as millions for catastrophic, permanent injuries.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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When is a Person Considered to Have a Personal Injury?

A personal injury is any case where someone has been injured and believes that another person or entity caused the injury. Personal injury lawsuits can be resolved in court, but are usually resolved in a settlement process. Both methods are designed to help victims recover the compensation they need to recover from their injuries.

How are Personal Injury Settlements Paid Out?

A common misconception regarding settlement agreements is that the process is over when a settlement agreement is reached. However, there are additional steps after the negotiation of a personal injury claim.

Once your attorney and the insurance company agree on a compensation amount, then the next step is to wait for the settlement check and distribute the funds accordingly to your debts.

What is Considered a Fair Personal Injury Settlement?

Most personal injury cases settle for anywhere between $10,000 to $100,000. However, the exact settlement amount varies on a case-to-case basis. Common factors that influence the final settlement amount include the type of injury, medical expenses associated with the injury, loss of wages/time out of work as a result of being injured, pain and suffering, and the loss of opportunities and experiences.

Why You Should Ask for a Higher Amount for Your Personal Injury Settlement

When you send a demand letter to the defense attorney, you should ask for a compensation amount that’s on the high side. In most cases, the initial amount you request is rejected and the other side will make a lower offer. This is why it is wise to start with a higher dollar amount because it gives you an advantage once you begin to negotiate.

When Will You Receive Your Settlement Check?

Insurances companies must work according to deadlines and time constraints set by law. Therefore, they are required to submit your check according to this time frame. However, insurers’ accountants vary in time on how long it takes them to issue the check.

Once you receive notification that your check has been sent out, then you should receive the funds within 2 weeks. If you do not receive the check within this timeframe, the insurer will be guilty of bad faith for delaying your payment. Be sure to inform your attorney if this happens.

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FAQs

What should I do if I’m concerned about the costs of a personal injury lawsuit?

If you’re concerned about the costs of a personal injury lawsuit, discuss your concerns with your attorney during the initial consultation. A good attorney will provide a clear explanation of the potential costs, the fee structure, and how expenses will be handled, helping you make an informed decision about pursuing your case.

Can I switch attorneys if I’m unhappy with the costs associated with my personal injury lawsuit?

Yes, you can switch attorneys if you’re unhappy with the costs associated with your personal injury lawsuit, but it’s important to review your current representation agreement for any provisions regarding termination of the relationship. You may still be responsible for certain fees or costs incurred by your previous attorney.

How do personal injury settlement loans affect the overall cost of a lawsuit?

Personal injury settlement loans, also known as lawsuit loans or pre-settlement funding, can provide financial relief during a lawsuit, but they often come with high-interest rates. If you take out a settlement loan, the repayment amount will be deducted from your settlement, potentially reducing the net amount you receive.

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The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers focusing on plaintiffs' representation in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with such matters, you should contact Schmidt & Clark immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.