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How are settlements, judgments, and awards determined?
by
on 03-03-2011 at 11:48 AM (596 Views)
There are lots of personal injury claim settlement calculators available on the Internet, but how are personal injury settlements really determined?
The judge or jury will consider the following:
Injury of the claimant
- The
severity of the injury
- The effect the injury has had or will have on the claimant’s physical or mental health
- Disfigurement (and the pain/humiliation related to such)
Claimant’s expenses
- Medical expenses
- Other expenses incurred (loss of personal property, attorney fees, etc.)
The amount of a personal injury claim settlement is based on evidence presented by the injured party, and will be broken down by reason awarded. Most states have caps in place on awards that are not economic in nature (and therefore more subjective) - punitive damages are rarely allowed in personal injury settlements, unless the evidence proves that the injuries were sustained due to malice.
- Loss of earnings (past, present, and future)
While there are myriad resources available to help individuals represent themselves in personal injury cases, it is often best to seek the advice and services of an attorney.
For answers to other personal injury claim settlement questions and information on attorney fees, and more, consult LegalHelpForum.com.








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