Usually, someone that has been in a serious accident receives a larger compensation package than someone that has sustained a less serious injury. Still, that is not always the case. A whole list of factors determined the extent to which any one accident victim gets compensated.
Was the defendant negligent?
A negligent person can be held responsible for any foreseeable harm that he or she might have caused.
Was there comparative negligence? Did the victim carry out some act that helped to trigger occurrence of the accident? Did the victim fail to do some act that could have prevented occurrence of the accident?
What factors can affect the possible size of the settlement?
• The number and size of the medical bills that were sent to the victim/claimant.
• The value of any wages lost by the recovering victim.
• Income other than wages that might have been lost by the recovering victim.
• Does the prognosis suggest that the victim/claimant will experience a decreased level of earning capacity in the future, as a result of the injury?
• Does the prognosis suggest the appearance of future medical costs?
• What is the victim’s age? Was the victim near retirement age?
• What was the victim’s earning capacity during the weeks prior to the accident?
• Did the victim suffer any permanent injury?
• What activities did the victim need to discontinue?
• What was the availability of witnesses?
Has the legal system established a minimum or maximum size for a settlement?
No, there is no minimum or maximum amount for a settlement. A jury can decide on any amount that if wants. That fact influences the decisions made by insurance companies. Those companies do not like to face a claimant in a courtroom.
To what extent does the level of the victim’s pain and suffering determine the size of the awarded compensation?
If the victim had complained about loss of sleep, worry, anxiety, anguish or other emotional issues, then that could strengthen a request for a larger compensation, as per personal injury lawyer in Lethbridge.
Similarly, if the victim had been forced to discontinue participation in a pleasurable activity, then that would serve as another reason for seeking a large compensation
Is there any ideal time for starting negotiations, which might lead to a settlement?
Smart claimants do not initiate the negotiations until each injured victim has reached the point of maximum medical improvement. Care must be taken to avoid settling, if any victim might later develop additional symptoms.
Once the 2 sides have agreed to settle, the plaintiff cannot seek added money, in the event that his or her medical condition worsens. Once a plaintiff/claimant has settled, that same person has abandoned all rights to request more money from the defendant’s insurance company.