There isn’t always a set way to figure out how much personal injury settlements should amount to, but there are a few factors that are almost certain to affect what an insurance company offers. If you have been hurt in an accident and you are suing for damages, it’s important to know what can affect the kind of settlement that you receive. It’s also a good idea to talk to a Long Island personal injury lawyer who could help you make a convincing case.
What Damages Can Make Up Personal Injury Settlements?
Personal injury settlements should reimburse you for all of the costs of an accident, including non-economic costs like the pain and suffering you have experienced as a result of the experience and your injuries. A complete compensation offer should help make up for:
- Medical expenses
- Lost wages
- Loss of earning potential
- Loss of enjoyment
- Mental anguish
- Pain from disability or disfigurement
- Property damages
What Factors Can Affect Personal Injury Settlements?
When calculating personal injury settlements, the insurance company will look at a few different elements of your case. First of all, how strong is your personal injury case? Do you have a lot of evidence and is it clear that the insurance policy holder is in the wrong? Then you can probably secure a larger settlement than someone with a weaker case or more circumstantial evidence.
How serious the injuries you suffered are also going to affect the value of a settlement. If you are looking at a long recovery time or if your injuries are likely to affect you for life, then your settlement could increase. If you got seriously hurt but should be able to get back to your typical routine within a few weeks or months, that may be a less valuable accident claim.
Insurers can also look at fault. In New York, you are still able to file a personal injury case even if you are partly to blame for the accident that injured you. It just reduces your settlement by a certain amount.
Can I Recieve Punitive Damages?
Punitive damages can also affect the value of personal injury settlements, but they are not always awarded in cases like these. In fact, you would actually have to request punitive damages as a plaintiff or they would not be offered at all. These damages are reserved for times when a victim can show that a defendant acted with malice or a willful disregard for everyone else’s safety.
Some states cap punitive damages. New York does not, so if you have a case where pushing for punitive damages is an option you could see a settlement or verdict rise in value significantly.
Talk to a Personal Injury Attorney
When you are ready to pursue compensation, contact Zlotolow & Associates, P.C. We can schedule a free consultation for you and take a closer look at your case. Then we can help you fight for the kind of settlement you deserve.
