Elements Considered in a Personal Injury Settlement Amount

Assuming the legal requirements for a personal injury case are all present, determining the settlement amount is based on evaluating all the damages and calculating a dollar figure. There are a wide variety of damages for which a personal injury plaintiff can demand monetary compensation.

Compensable Damages

There are two distinct categories of damages that a personal injury plaintiff can get money for; Economic Damages and Non-Economic Damages. Most people are familiar with both, even if they haven't heard those terms before.

Economic Damages

Economic damages are those which can be linked directly to an actual expense. Some common economic damages include:

Property Damage
Lost Income
Medical Bills
Future Lost Income
Future Medical Bills
Expenses for Home Care for those Injured

All of these elements will be considered in a personal injury claim, and should be paid by the defendant completely. If the defendant in a personal injury claim has been found liable, then there really isn't any negotiating the settlement value for these types of damages. The negligent party should pay 100% of economic damages.

Non-Economic Damages

Non-economic damages are much more complicated to determine. These types of damages are not directly connected to any money expenses. Instead, this is the money paid for pain and suffering, and other non-monetary impacts an injury might have on a personal injury claimant.

Some Examples of Non-Economic Damages are as follows:

Pain and Suffering - This is paid to compensate the victim for his or her pain
Loss of Enjoyment of Life - This is paid to victims who've been injured permanently, or long-term, and have difficulty doing everyday things they did prior to the injury
Permanent Disfigurement - Money can be demanded for scars, burns or other disfigurements
Loss of Consortium - This refers to victims who have become unable to maintain sexual relations with a spouse or partner due to an injury
Mental Anguish - Some injury cases will impact the victim mentally, rendering them unable to drive or visit certain locations out of fear.

While non-economic damages should certainly be considered in a personal injury settlement, calculating a number is difficult. In many cases, the non-economic damages will by five times greater than the economic damages.

Always Retain Legal Counsel

Knowing what elements are considered in a personal injury settlement is the easy part. Building a strong case and calculating a large, but legally reasonable, settlement and negotiating it effectively is the difficult part. Anyone thinking about bringing a civil injury suit should always talk to a personal injury lawyer first to evaluate their case and get legal advice.

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