When you have suffered a personal injury in Washington, DC, the law allows you to pursue compensation from the at-fault individual. However, it is up to you to determine how much that compensation would be – the value of your injury. Most personal injury cases in Washington, DC, end with the defendant paying the settlement because, in most cases, no one wants to go to trial..
Therefore, as you head toward what would hopefully be the last stage of your case, learn how to calculate your settlement. This guide also contains factors you need to consider when deciding how much your personal injury is worth.
Calculating Your Personal Injury Settlement: The Process
Personal injury settlement usually involves your legal team and the defendant’s legal team in a series of back-and-forth negotiations. Typically, one party proposes a settlement amount at the start of the negotiations, and the other either accepts or rejects it.
Naturally, you would want full compensation for your injuries, which is the amount of money that covers all your losses. “When agreeing on a settlement amount, ensure it covers your medical expenses, both those already spent and those you will still spend,” says Personal Injury Attorney John Yannone of Price Benowitz Accident Injury Lawyers, LLP. Also, it should cover your lost wages and loss of the ability to make a living for yourself.
Furthermore, if you have a disability that prevents you from working, the compensation should cover that, too. The settlement should also account for pain and suffering, mental distress, and other non-economic damages.
In extreme cases involving malicious intent, for instance, the court may mandate the defendant to pay punitive damages. After highlighting the damages that you need compensation for, here is the process involved in personal injury settlement negotiations:
Discovery of Details
The first stage involves both legal teams exchanging information and evidence—each side gaining access to what the other has. This stage is known as the ‘discovery’ stage and starts immediately when you (the plaintiff) file a lawsuit and the defendant responds.
Deposition or Interrogatories
Next, the parties involved can depose witnesses, which basically means asking them questions under oath. Alternatively, the parties can send interrogatories (written questions) to each other, which must be answered truthfully. At this stage, both parties can get access to relevant documents, such as medical records legally.
Determining the Basis of the Claim
If the claim is based on negligence, the defendant will assess the strength of the evidence you provided. Also, the defendant will question whether or not their negligence actually caused your injuries or if you inflated your claim.
The goal is to be sure that you are being honest about the extent of your injuries. Alternatively, if the claim is based on intentional wrong, the defendant will evaluate the evidence to see if their actions caused them harm.
Offering a Settlement
If the defendant knows they are responsible for your injuries, they will offer an amount to settle the case. Like you, the defendant wants to avoid the continuing cost of a trial, which will include paying a lawyer. Moreover, if the jury hears and agrees with your evidence, the defendant could end up paying more than what you initially demanded.
Factors to Consider when Calculating Personal Injury Settlements
Calculating your settlement is different from if you were calculating a damages award. However, just like damage calculation, there are factors to consider to determine the right amount of compensation you deserve.
The Defendant’s Ability to Pay
Pursuing large compensation when the defendant is clearly unable to pay is a waste of time and resources. Therefore, the settlement amount will depend largely on how much is available to cover it. Furthermore, there is no point in pursuing a larger compensation when the defendant’s insurance company has agreed to pay up to the policy limit.
Applicable Law
Washington, DC’s personal injury law may also affect how much settlement you get eventually. For example, there may be a cap on how much damage you can get, depending on the case.
Conclusion: Challenges
The major challenge involved in settlement negotiation is a dispute over how much the settlement should be. Settlement agreements are contracts, which means the defendant MUST pay it or face legal consequences. Nevertheless, working with a personal injury lawyer in Washington, DC, may make holding the defendant accountable much easier.
