Determining a fair settlement amount is very much dependent on each unique claim and requires professional legal judgment. No two claims are alike. Here are some factors that are considered:
- How careless the act causing your injury was. For example, an injury caused by a drunk driver is likely to anger a jury more than an injury caused by slipping on untreated ice. Or the removal of the wrong breast in a unilateral mastectomy versus the failure to accurately read an x-ray.
- Whether you share any of the blame for causing the injury. For example, if another car ran a red light and caused the crash, but you were speeding, then the legal value will be lessened. Connecticut General Statutes § 52-572h allows a negligent person to reduce their liability by your percentage share of the blame.
- The severity of the injury and whether the injury causes long-lasting or permanent symptoms. For example, if surgery was necessary or if there are other objective tests or radiographic imaging which show the injury like broken bones.
- Related to this is how old you were at the time of the incident. If your injury is permanent, the younger you are, generally the higher the legal value because a jury is allowed to consider the remainder of your life expectancy in determining what is fair for a permanent injury.
- The amount of your medical bills, past and future, whether you had medical insurance to cover them, and whether the medical insurance company is entitled to be repaid from any settlement.
- How much of an impact the injury had on recreational activities. For example, if you were an avid golfer and someone’s negligence caused you to break your hip preventing you from playing golf. It must be demonstrated that this activity was in fact one that you regularly engaged in prior to the incident.
- Whether the injury interferes with your work and the amount of lost wages, past and future.
- How much pain you have endured and will endure in the future from your injury.
- Whether the injury resulted in any scarring or deformity.
- Whether you present well as a witness. In the same way, people like movies depending on who the actors and actresses are juries and insurance adjusters will be more motivated to help someone they like than someone they don’t.
- Whether others can testify on your behalf to explain and corroborate the extent of the injury.
- The availability and amount of liability insurance that the negligent actor(s) had. Related to this, the wealth, or lack thereof, of the person/corporation causing your injuries; as well as the number of potentially liable defendants.
- The reputation of the law firm representing you. Insurance companies know the law firms that take cases to trial and succeed. A good lawyer can help you get a better settlement because of this. We have been around a long time, have a strong reputation, have many peer-reviewed recognitions, have held respected positions in professional organizations, and have been behind numerous multi-million dollar verdicts and settlements, and insurance companies know it.
These are only some of the factors that are considered. Different lawsuits are valued differently, although many of the factors considered are similar. For example, a medical malpractice claim will be valued differently than a car crash claim, although many of the factors considered are similar. Every claim is different, and we listen to you, your concerns, and how your injuries have affected you.