Being injured in a car accident caused by someone’s negligence will take an emotional, physical, and financial toll on the victim. Numerous factors come into play when deciding on a car accident settlement amount in Louisiana.
Ideally, it varies with each car accident case, and what a victim can actually obtain also varies depending on legal, medical, and financial factors. Being aware of these factors will enable car accident victims in Louisiana to form realistic expectations as well as build a stronger case.
This piece will explore factors that influence the settlement amount of a personal injury case, be it a car accident, truck accident, or slip and fall case.
Legal Representation and Negotiation Skills
The assistance of a trained legal professional can have a significant impact on car accident compensation in Louisiana. Lawyers know how the legal system works, accurately gauge what a case’s actual value is, and are effective at negotiating with insurance companies.
Without representation, victims may receive much less than they are due.
Severity of Injuries
Among major factors in determining a personal injury settlement is the severity of injuries incurred. The more severe injuries, generally, are more expensive, take longer to recover from, and cause more suffering, all factors towards a higher settlement amount.
A minor bruise or sprain, as an example, will yield a lower settlement than traumatic brain injury, a spine injury, or multiple fracture injuries. Disability or impairment lasting forever makes an award greater, as these impact a victim’s quality of life as well as their ability to work.
Medical Expenses
Medical expenses are a determining factor in determining the value of a personal injury claim.
All medical expenses, ranging from emergency room visits to surgery, rehabilitation, physical therapy, and prescription drugs, are all taken into consideration when setting the settlement amount.
The more medical expenses, the larger amount of settlement will likely follow.
Lost Wages and Loss of Earning Capacity
Compensation can also comprise wages lost because of absence from work if a victim becomes incapable of working because of an injury. The calculation of settlement also accounts for working days lost, wages, and wage losses because of injury. Future wage losses if a victim becomes incapable of working or has restricted earning capacity are also factored into settlement calculation.
Pain and Suffering
Pain and suffering damages compensate a person with physical distress and emotional anguish resulting from injury. It varies from medical expenses or lost wages because it’s a subjective cause of action and more challenging to quantify. Length and intensity of pain, mental trauma, and interference with customary activities are considerations of insurance adjusters and court awards when awarding this component of damages.
Degree of Fault and Liability
The level of fault determines settlement values to a large extent. Numerous accidents involve more than one party having a degree of responsibility, and this may determine how much compensation a victim gets. States employ varying legal doctrines, including comparative negligence or contributory negligence, to ascertain how fault influences a settlement.
Insurance Policy Limits
Finally, also affecting the settlement amount are the policy limits of the policy of the at-fault individual. Insurance providers typically are responsible to make payments, though maximum coverage under policy only are payments they are permitted to make.
If damages to the victim exceed policy coverage, they can seek other legal options, such as by suing directly against the defendant or claiming against their own insurer.
Take Away
Personal injury settlements vary widely based on such factors as severity of injury, medical expenses, lost wages, pain and suffering, fault, and policy coverage. Information about these factors helps victims to comprehend and deal with legal processes and maximize compensation.
Expert legal representation ensures victims receive just settlements based on their damages and are able to recover and rebuild their lives.
