How is a Neck Injury Settlement Determined?

Personal Injury Lawyer Serving Neck Injury Victims throughout Central Indiana

Neck injuries can occur in a variety of incidents, though one of the more common is from an automobile accident. Unfortunately, there is no one-size-settlement amount. This is because every injury and case is different. Even two individuals with the exact same neck injury will have different levels of compensation and financial losses. That is because one may work more or have a higher salary, another could be the sole financial provider for the family, or one could have higher medical costs based on where he or she lives. All of these unique and intricate details go into calculating a settlement. So, when you ask how much a neck injury settlement is worth, it is best to assess which factors play a role, rather than expect an actual number.

How the Defense and Insurance Company Will Value the Settlement

Valuing a case is used to determine what an award may be in an injury case. This is often done by the insurer (to determine if they would have a better outcome settling outside of court) and by the plaintiff to see how much should be requested in compensation.

When valuing a case, there are two things that will be assessed:

  1. How much the defendant is willing to pay in order to settle the case.
  2. How much the plaintiff is willing to accept if he or she were to settle.

Lastly, both sides will assess the severity of the injury. For example, is it long-term? Will it prevent the plaintiff from receiving wages in the future? Will the plaintiff be unable to walk or be permanently disabled? The more severe the injury, the higher the settlement would be.

Nature and Duration of the Injury

Neck injuries can be minor and resolve in a few days, or they can lead to permanent damage. Whiplash and neck fractures, for example, are long-term injuries that could permanently impair an individual. The compensation is always greater for a person with long-term or severe injuries. That is because they will have higher financial losses, longer treatments, more pain, excessive suffering, etc.

Type of Medical Treatment Required

Also, the treatment needed to rectify the neck injury is considered when looking at settlement values. When a patient requires surgery, it will obviously increase the compensation compared to a person who doesn’t require surgery. If the plaintiff will need long-term rehabilitation, that will also be considered.

Estimating Future Damages

In addition to looking at the damages that the plaintiff has already encountered, both sides will assess future damages. This can include lost wages, medical costs, transportation costs, in-home care costs, medical equipment, prescription costs, etc. The longer the recovery, the higher the future estimated damages will be.

For noneconomic damages, such as pain and suffering, the predictions are based on educated guesses by the insurer, as well as the plaintiff’s attorney. Also, every case and jury is different. Therefore, some juries will award more for pain and suffering, while other juries may award less.

Evidence

Another factor that weighs heavily on the total compensation received is the evidence. If you have extensive evidence showing the other party’s liability and negligence, the settlement value will increase. If your evidence is weak or easily questioned, you may glean a smaller settlement.

Want the Highest Settlement Possible? Contact an Attorney

The only way to achieve the highest settlement value is by contacting a personal injury attorney. An attorney can help identify your case’s strengths and weaknesses to get a maximum settlement. To get started, contact Jacobs Law, LLC today. Request a consultation by calling our offices or fill out our contact form.

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