The value of your claim, which lawyers call the settlement value, largely depends on the factors discussed below. It also includes an unexpected factor, which is the plaintiffs’ low winning percentage in personal injury claims, which has dropped from 75 percent in the 1980s to about 35 percent today.The lower percentage means that, while significant compensation is still available, insurance companies don’t give it away like toys on Christmas. Instead, before settlement negotiations begin, an Atlanta personal injury attorney must accurately determine the value of your claim. If the starting figure for settlement negotiations is too low, the victim winds up settling for less. If the figure is too high, the insurance company won’t negotiate.
Medical Expenses
These costs are usually the largest component of the economic losses in a personal injury claim. Other economic losses include property damage and lost wages.
Significantly, the settlement must account for any likely future medical expenses. If that’s not the case, the victim is normally financially responsible for these charges. That’s the main reason an Atlanta personal injury lawyer cannot open meaningful settlement negotiations until medical treatment is at least substantially complete.
Under Georgia law, the victim must prove the medical expenses were reasonably necessary. Sometimes, the treating physician provides the necessary evidence. However, in most cases, an independent doctor should review the case and provide an independent opinion.
Types/Permanence of Injury
This factor pertains to noneconomic damages, such as pain and suffering, loss of consortium (companionship), emotional distress, and loss of enjoyment in life.
A pre-existing condition often contributes to the severity and/or permanence of injury. If Sam has a bad knee and he breaks his knee in a car accident, surgical repair may be more difficult, and physical therapy may be longer and more difficult.
Full compensation is usually available in these situations. Generally, insurance companies cannot use the vulnerabilities of a victim as an excuse to reduce or deny compensation.
Once again, the medical bills alone sometimes establish the amount of pain and suffering. Frequently, though, these records only include basic data, like diagnosis and treatment. Friends and family members often testify in this area. Sam’s wife cannot testify about the car accident that caused his injury, unless she was there. However, Sam’s wife can testify about how Sam feels, physically and emotionally.
Type of Negligence
This factor usually refers to the legal issues in the case. Quite simply, strong cases have high settlement values, and weak ones have low settlement values.
Aggressive driving, like speeding, and operator impairment, like DUI, are the two most common types of negligence in a car crash case. Operator impairment settlement values are often higher. Arguably, these tortfeasors (negligent drivers) knew they shouldn’t get behind the wheel, but they did so anyway.
Comparative fault, in one form or another, is the most common defense in negligence cases. This doctrine essentially shifts blame for an accident from the tortfeasor to the victim (e.g. Sam was speeding when the other driver ran a red light).
Other factors often apply as well, such as the victim’s motivation to settle quickly and the insurance company’s willingness to spend thousands of dollars to fight the claim.
Contact a Dedicated Fulton County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Atlanta, contact the Haug Barron Law Group. We do not charge upfront legal fees in these matters.
