When it comes to personal injury settlements, a number of legal factors are in play. All sorts of variables determine the dollar value of your injury. While each instance of injury is unique, some common factors apply to all of these unfortunate incidents.
Most people know that the more pain and suffering one endures, the greater his settlement offer is likely to be. Yet defense attorneys and insurance adjusters lean on a number of specific factors to determine the amount of a settlement offer. If one suffers a hard injury, meaning a broken bone, nerve damage, wounds, a head injury, or something similar, a higher multiplier is applied when calculating medical expenses as well as potential settlement offers. A lower multiplier is applied when one endures a soft tissue injury such as a bruise, strain, or sprain.
If there is no shared fault for the accident on the behalf of the injured party, the chances of a desirable settlement offer are significantly boosted. If the opposing party does not appear to be believable, credible or sympathetic, there is also an increased chance of a higher settlement. One of the most important factors is the existence of witnesses. If your New York personal injury attorneys pinpoint credible witnesses who have observed your personal injury and can provide testimony that will bolster your case, you will likely receive a quality settlement offer in a timely manner. Furthermore, if you can prove that the opposing party has liability, they will likely offer you and your New York car accident lawyer an attractive settlement.
Other factors that impact your personal injury settlement include the other party's past behavior, especially if he caused an accident while driving. A poor driving record significantly increases the chances of a considerable settlement offer being made. Those who live in a comparative fault state will find out that their settlement offer depends on the nuances of state law. Adjusters commonly agree to pay a settlement according to the percentage of each party's fault. This means that the liability for the accident is mutually shared between the victim and the at-fault party. In a situation like this, the settlement you and your New York auto accident lawyer are offered is determined by the exact percentage of the insured party's liability.
While many victims would never guess that the accident's location, commonly referred to as the “venue”, does play a part in the settlement process, it is critically important. Ask any
New York personal injury lawyer and you will find out that the location of the injury actually plays a large role in the amount of a potential settlement offer. In New York, venue is based on where one of the parties to the lawsuit resides. On the other hand, if you are filing a lawsuit against the city of New York or another municipality then it will be based on the location of the incident.
Since verdicts for personal injury cases in certain counties and cities are drastically higher than others, the typical settlement offer hinges on the venue. Some insurance companies and attorneys will roll out a seemingly generous settlement offer due to the fact that juries in the county where the injury occurred tend to be egregiously sympathetic toward those who suffer an injury due to another's negligence.
