How Do Pre-Existing Conditions Impact My Personal Injury Settlement?
Pre-existing conditions may impact a personal injury case negatively (but not always). If a client had been in a car accident before being involved in a second accident, then the injuries from the first accident may not have been totally resolved before the second accident occurred. We refer to such plaintiffs as “eggshell” plaintiffs. In many of these cases, it is true that the injuries a person sustains in an accident were there before the present accident. A jury or judge will consider the fact that the person’s injuries are not entirely due to the most recent accident, but will have to determine whether or not the pre-existing condition was exacerbated or worsened by the most recent accident.
How Are Settlement Amounts Actually Calculated?
Settlement amounts are calculated by taking into consideration the medical expenses, lost wages, and pain and suffering. Since no two (2) people are exactly alike, there is no direct formula for calculating a settlement amount. However, insurance companies use a formula based on how much damage there is to the vehicle and how much treatment they believe should be involved based on that damage. Lost wage compensations are tied to earnings: two weeks off of work for one person may only mean losing a few hundred dollars, but for someone
How Are Pain And Suffering Damages Calculated In A Personal Injury Settlement?
Pain and suffering damages in a personal injury settlement claim cannot be determined through a specific formula or calculation because the experience of pain and suffering is extremely subjective. There are some jurisdictions that tend to award higher figures, and we will take that into consideration when deciding whether or not to take a settlement offer.
How Is A Personal Injury Settlement Typically Paid Out?
A personal injury settlement can be paid out in one of two ways: through a structured settlement or through one lump sum payment. Structured settlements are used for large cases and would give the injured party a certain amount of money on a periodic basis (usually an annual basis). Most cases are paid all at once through a lump sum of money. The attorney’s fee and any outstanding medical costs would be paid from that lump sum of money.
Can I Reject A Settlement Offer?
A client has the right to reject a settlement offer. An attorney cannot force his/her client to accept a settlement offer. In any type of case, it is the client who controls acceptance of the settlement. If the attorney believes that it’s a reasonable offer and the client rejects it, then that may lead to a falling out and the client may want to hire a different attorney. However, the replaced attorney would have a right to assert a lien on the proceeds for having come up with a settlement figure that they thought was reasonable.
For more information on Impact Of Pre-Existing Conditions On A Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (800) 400-2350 today.