An accident that was no fault of your own that has left you with injuries can bring about various emotions. You may experience everything from anger towards the person who caused your injuries to financial worries. Unfortunately, this is the fate of many Indiana accident victims. From accident to recovery to settlement, it’s all a roller coaster ride of sometimes unpleasant feelings.
Yosha Law Firm personal injury lawyers have your back and understand what a difficult time any victim of an accident can face. Their team of highly experienced attorneys will fight for you to receive every penny you should for your economic and non-economic damages.
Top 5 Factors That Influence an Indiana Personal Injury Settlement
If you’re the victim of an accident you don’t believe was your fault, you probably have a host of questions about whether you’re entitled to compensation. So many different variables can affect your compensation if you’re entitled to anything. Each personal injury case is unique, and settlements can vary greatly depending on its circumstances. The best way to determine how much your case is worth is to consult with a personal injury lawyer.
However, there are some general guidelines on how strong your case is and the likelihood of a successful settlement. Below are the top 5 factors that influence a personal injury settlement.
The Severity of the Injuries
The compensation amount of a personal injury settlement is highly based on the severity of the victim’s injuries. Injuries that result in permanent life-altering physical disabilities often will pay much more than those that will heal in time. Traumatic brain injuries, amputations, and hard injuries such as broken bones or spinal cord issues typically payout much more than soft tissue injuries such as whiplash, sprains, or bruises.
Often taken into account when seeking compensation are psychological trauma, emotional distress, pain and suffering, and other issues such as PTSD. The more severe the emotional issues that resulted from the accident, the higher the settlement amount could be. These types of non-economic damages will, however, need to be proven.
Treatment Length and Recovery
Personal injury settlement amounts can vary based on the length of the victim’s recovery. You could be entitled to more compensation for an injury with a long recovery time. Longer recovery times that entail multiple surgeries or other treatments will pay out more than injuries with significantly shorter treatment plans.
Settlement amounts will generally be much higher for victims who require long-term permanent care and/or rehabilitation therapy than for those who mostly need R&R to recover fully.
Liability
Who was responsible for the accident that caused your injuries is an important part of personal injury settlements. Indiana is one of the many states that have contributory negligence laws. If the accident victim were partly responsible, this would greatly affect the possible settlement amount, if there is any settlement at all. Indiana’s modified comparative fault law states that if the victim is 51% responsible for the accident, they’re not entitled to compensation.
For example, if the accident victim was 20 percent responsible for the incident, they can collect a settlement amount with a 20 percent reduction in payout. If the settlement amount is $50,000 and the victim is 20 percent responsible, they will receive $40,000.
The Costs of Litigation
The litigation costs can be a dual-edged sword for both plaintiffs and defendants. Filing a personal injury lawsuit is a time-consuming and sometimes costly process. Paperwork, gathering evidence, and deposing witnesses and medical experts all take up valuable time, and time does equal money. In certain situations, it’s better for all involved to come to a pre-trial settlement agreement. Your personal injury attorney would determine this.
Age and Pre-Existing Health Issues
An often under-appreciated factor to consider for personal injury settlements is the age and health of the accident victim. Although one may think this shouldn’t have anything to do with an accident that causes injuries, it does play a big role in settlement amounts.
Although each case is unique and has nuances, a younger person in perfect health before an accident will typically receive a larger settlement than a senior already in poor health. What’s considered is the estimated amount of years the victim could reasonably be alive and have to deal with a life-altering injury.
Top Factors That Influence Personal Injury Settlements in Indiana: Final Words
Although each personal injury case is unique, they have some common factors that will affect compensation amounts. The biggest factor is the injuries’ severity; the more severe and life-changing they are, the higher the settlement amounts. Other factors to be considered are liability, the length of treatment or rehabilitation, and the victim’s age.
This isn’t to say those who’ve suffered less life-threatening injuries aren’t entitled to compensation. All victims of careless acts that resulted in injuries have the right to seek compensation for their damages. However, this is best discussed with an experienced Indiana personal injury lawyer.