Salt Lake City Accident & Injury Attorneys

Common Questions: Personal Injury FAQ

How is a Personal Injury Settlement Determined?

Personal injury claims are determined through a calculation process that involves the damages associated with the accident. Damages can include tangible and intangible losses. There are two main types of monetary damages: economic and non-economic damages.

Economic damages, also known as special damages, include quantifiable financial losses resulting from the injury. These may encompass medical bills, rehabilitation costs, lost wages, property damage, and other out-of-pocket expenses. Calculating economic damages is usually straightforward.

On the other hand, non-economic damages, also called general damages, are more subjective and include pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses. Assigning a monetary value to these damages can be more challenging and may require the use of multipliers or other methods.

In order to obtain this amount, however, it will be necessary for you to justify all general damages and to ensure that all special damages are included. Your attorney can help prepare a claim that pursues the full amount of damages you are entitled to receive.

Here's how the settlement amount is typically determined:

• Liability and fault: The first step in determining a settlement is establishing liability and fault. It must be established that the defendant (or their insurance company) is legally responsible for the plaintiff's injuries. This may involve evidence like police reports, witness statements, and expert testimony.
• Injury assessment: The severity and extent of the plaintiff's injuries play a significant role in determining the settlement amount. Medical records, doctor's assessments, and expert medical opinions are often used to evaluate the injuries, their impact on the plaintiff's life, and the potential for future medical expenses.
• Comparative negligence: In some cases, both the plaintiff and defendant may share some degree of fault. The settlement amount can be affected by the concept of comparative negligence, which means the plaintiff's recovery may be reduced in proportion to their percentage of fault.
• Negotiation: Once the above factors are considered, the negotiation process begins. The plaintiff and defendant (or their insurance representatives) engage in discussions to reach a mutually acceptable settlement amount. This involves back-and-forth offers and counteroffers.
• Settlement offers: Throughout negotiations, both parties may exchange settlement offers. The plaintiff may start with a demand for a specific amount, while the defendant may respond with a lower offer. The negotiation continues until both parties agree on a figure.
• Consideration of future damages: In cases where the plaintiff's injuries may result in future expenses, such as ongoing medical treatment or lost earning capacity, these potential future damages must also be considered in the settlement.
• Timing and risk assessment: The timing of the settlement can affect the amount offered. Defendants may prefer to settle early to avoid the uncertainties and costs of a trial, while plaintiffs may choose to wait for a better offer.
• Mediation or arbitration: In some cases, parties may engage in mediation or arbitration, which can help facilitate settlement discussions and reach a resolution with the assistance of a neutral third party.
• Legal costs and fees: Plaintiffs should consider the legal costs and attorney fees when evaluating a settlement offer. These expenses are typically paid from the settlement amount.

Can I File a Claim for Minor Injuries?

Yes, you can file a personal injury claim for minor injuries. Personal injury claims are not solely reserved for severe or catastrophic injuries. Even minor injuries resulting from accidents or incidents caused by someone else's negligence can be grounds for filing a claim.

Examples of minor injuries may include sprains, strains, lacerations and bruises, whiplash, and soft tissue injuries.

Some minor injuries can also have latency issues, meaning you feel the initial pain immediately, but it may not be severe. However, as time goes on, your injury can worsen, and your pain may become more severe, impacting you over time and requiring further medical care.

After an accident, it's essential to consider the circumstances of your injury, the impact it has had on your life, and any associated medical expenses or lost wages. Consulting with a personal injury attorney in Salt Lake City can help you understand your rights, assess the strength of your case, and navigate the legal process effectively.

Our team has extensive experience, and we make it our goal to help you recover fair financial compensation so that you can focus on recovery. We handle every aspect of personal injury claims from start to finish, relying on our team of legal professionals to build a strong case on your behalf.

Schedule a free, initial consultation with a member of our firm by calling (801) 762-6808.