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FAQs Personal Injury Settlement Damages

Do I have to go through an operation for the personal injury accident insurance company to compensate me for suffering in my personal injury case?

According to personal injury law it is not likely you will have to go through the operation to recover for the cost in personal injury cases. In civil personal injury settlement claims, you have the burden of proof to prove your damages, but only by preponderance of the personal injury law evidence in personal injury cases. If your doctor says it is more likely than not that surgery is going to be required but you want to wait to do the operation, there's no reason in personal injury law that you can't be compensated for the cost of that operation and the pain and suffering associated with the operation in a personal injury settlement.

Do most personal injury settlement cases go to trial to recover damages?

Most personal injury cases do not end up in trial. About 95 percent of personal injury cases that are filed settle prior to trial in personal injury settlement.

How does a prior injury affect the value of my personal injury settlement?

Generally, a person who's negligent or careless is responsible only for the harm he or she caused in personal injury cases. That means that according to personal injury law you have to prove there was negligence and that the negligence caused your personal injury accident in personal injury cases. Your personal injury lawyer will explain the personal injury law details, if this is of concern to you.

Is there a minimum or maximum amount that my personal injury lawyer can recover in a personal injury settlement?

No, there's no minimum or maximum personal injury settlement amount.

What are the personal injury law issues affecting the damages that can be recovered in my personal injury case?

Every great personal injury lawyer makes sure every personal injury settlement case addresses three issues:

  • Liability - was someone negligent in your personal injury case?
  • Damages - the amount that will fairly and adequately compensate you for your injuries in your personal injury case.
  • Source of collection - are there insurance or other assets from which damages can be recovered in your personal injury cases?

What does "preponderance of the evidence" mean in my personal injury case?

Preponderance of the personal injury accident evidence means whatever is more likely than not in a personal injury settlement.

What's a normal personal injury settlement amount?

Insurance companies will pay not because they like you or they think fairly, or because they settled a similar in a personal injury settlement case for a certain amount. They pay because your personal injury lawyer makes sure they see no other alternative in your personal injury case. The proper personal injury law value of a personal injury accident claim is established when an experienced personal injury lawyer reviews and interprets the personal injury accident case information, such as:

  • The amount of the medical bills in your personal injury case.
  • Loss of past income due to your personal injury case.
  • Future medical bills due to personal injury cases
  • How old you are at the time of your personal injury accident.
  • Permanent limitations you now have due to your personal injury accident.
  • Impact on our future earning capacity due to your personal injury case.
  • Activities you no longer do due to your personal injury cases.
  • Activities you do but do not enjoy as much due to your personal injury cases.
  • Prognosis for further problems due to your personal injury cases.
  • Strength of lay witness testimony, and so forth due to your personal injury cases.

A good personal injury lawyer begins with one end in mind - what a reasonable jury would award as fair and adequate compensation. You must always negotiate from a position of strength with the other side. That means that the other side sees that you and your personal injury lawyer have put together the necessary lay and expert witnesses to go to trial.

When should your personal injury lawyer settle personal injury cases?

Not until you're sure of the nature and extent of your personal injury accident injuries and whether you'll need continuing personal injury accident medical attention. Your personal injury lawyer should know whether you'll be able to work in the future and how the personal injury accident will affect your ability to do normal household tasks, sports and hobbies before you and your personal injury lawyer discuss money with the insurance company or others.

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