It has been a long weekend. Most people are enjoying the extra time off with their families or friends. Unfortunately, you did not have a chance to relax because you had a big presentation on the first day back at work. To prepare, you put in a little extra time at the office.
It is late when you leave, and you are on your way home. You stop at a red light when suddenly a car smashes into your rear. You get out of your car to exchange insurance information with the other driver when you realize that they are drunk. You smell the booze. Perhaps you see beer cans or liquor bottles on the front seat beside them. Their speech is slurred.
You realize that you have been hit by a drunk driver.
You report the accident to the police, and they arrive, take down the relevant information, and check on the other driver. The adrenaline that kept you going during the incident wears off. When you go to an emergency room to get checked out, you notice you feel quite sore.
You may have suffered serious injuries even if you didn’t realize it at first. You will need to seek compensation from the other driver to help you cover the cost of repairs to your car, your medical costs, and the effect that the accident had on your life.
It’s only natural to wonder what the settlement value is for personal injury in Delaware. What can you realistically expect to receive in compensation for your pain and suffering?
Determining a personal injury settlement value is not an exact science. There is no magic formula that you can use. Often the value changes from case to case depending on several factors. Therefore, knowing the factors that can increase and decrease your settlement value is helpful.
If a driver hits your car and injures you in Delaware, your car insurance company or the insurance company of the car that you were riding in will pay for your medical bills and any lost wages. This is known as Personal Injury Protection (PIP). All motor vehicles in Delaware must have a minimum PIP coverage of $15,000 a person/$30,000 an accident.
If your medical costs and lost wages exceed these amounts, you can sue the person responsible for the accident for the extra amount.
The person who caused the accident is responsible for all costs associated with fixing the car and for any pain and suffering.
If you have been involved in an accident, the first thing you should do is contact your insurance company and then an experienced personal injury attorney. You can count on the insurance adjuster for the other driver to call you almost immediately to try to negotiate a settlement.
It is best not to accept any initial offer without first speaking with your attorney. Do not give the insurance adjuster any information about the incident. Many factors determine the compensation awarded in a personal injury case, and insurance adjusters will do everything they can to limit that amount.
First, your attorney and the insurance adjuster for the person who hit you will try to reach a reasonable settlement. Your attorney will fight hard to ensure that your compensation is fair and covers all anticipated costs. The insurance adjuster’s goal is for their client to pay as little as possible.
One of the things that will affect the discussion between your attorney and the insurance adjuster is the multiplier used to determine your compensation. If your attorney and their insurance adjuster cannot agree on a settlement or multiplier, the multiplier will be determined in court, which will affect the value of the settlement you receive
After an accident, people often want to know what the average settlement for a personal injury is so that they know what to expect. Unfortunately, it is not that simple. Many different factors affect settlement value, so it is difficult to calculate an average. Some of the factors that play a role in determining the settlement value of a personal injury case include the following.
The number one factor affecting the amount you could receive in compensation is the severity of the injuries suffered. Injuries are classified into two different categories — soft and hard.
Soft injuries are bruises, sprains, small cuts, etc. Hard injuries are personal injuries that involve extensive pain and suffering. Hard injuries typically result in a larger settlement.
Medical treatment also influences the amount of the settlement. The kind of medical treatment an injured person receives and who provides the treatment affect the settlement value.
A personal injury accident disrupts the injured party’s ability to do their work and earn an income. The more severely you are hurt and the longer your ability to work and earn a living is affected, the larger the settlement could be.
Physical injuries are not the only kind of injuries that you can suffer when in a crash. It is not unusual to suffer from depression or insomnia. Victims of an accident may be fearful of driving or experience agoraphobia, the fear of going out in public places.
Proving emotional distress is more difficult than proving physical injuries, but evidence of ongoing and significant emotional issues resulting from an accident will affect the amount of compensation.
If a driver causes an accident that injures several people, the limits of the insurance policy held by the at-fault driver may affect your compensation.
If you are a prominent person, a personal injury lawsuit may attract the attention of local media. While some people believe there’s no such thing as bad publicity, this is not true. You may not want people to know that you’re injured. Even if the accident wasn’t your fault, bad publicity that affects your business can also affect the value of the settlement you could receive.
The value of the settlement increases when your claim or court case passes certain milestones. For instance, if the lawyer for the person who hit you fails to get the case dismissed or if a key witness gives an important deposition in your favor, the value of the settlement may be affected.
Personal injury lawsuits can be costly for both parties. Each lawsuit requires a great deal of clerical work, interviewing and deposing witnesses, and hiring experts to testify.
Often the amount of compensation you receive in a settlement depends on the venue where your lawsuit goes to trial. The venue is determined by where the accident happened. If your trial is scheduled with a court known for being open towards personal injury lawsuits, there is a likelihood that this will affect the amount of compensation you could receive.
Delaware uses comparative negligence to award compensation in settlements. Comparative negligence means the fault is proportioned according to the amount that the court holds each driver responsible for the accident.
Under comparative negligence laws, the plaintiff must be less than 50% responsible for the accident. If they are 50% or less responsible, they cannot sue for damages.
If a judge or a jury decides the plaintiff shares a portion of the blame, they will reduce the amount awarded by the percentage that the plaintiff is held responsible. Taking the example above of being stopped at a light, if you had a faulty brake light, the judge or jury might assign some of the blame to you.
So, if you received $50,000 in a settlement, but the judge or jury believed that you were 20% responsible for the accident, your award would be reduced by $10,000.
Numerous factors will increase the value of your settlement.
Just as there are factors that increase the value of the settlement you could receive, there are also factors that will decrease the value of the settlement.
The factors listed above aren’t the only ones that play a role in determining the value of your settlement. The overall strength or weakness of your case can also affect the compensation you could receive an settlement.
Additional factors include:
You want to receive a fair settlement if you’ve been injured in an accident. Your settlement should cover the cost of fixing your car, your medical bills, and the cost of your life returning to normal as soon as possible.
This is why it makes sense to speak with an attorney from the Morris James Personal Injury Group. We do not just litigate cases, we believe in counseling our clients. We want our clients to be well-informed and aware of what happens in each phase of their claim or lawsuit. Effective and compassionate communication between attorney and client is essential for a successful outcome.
Our attorneys have over 150 years of combined experience in handling personal injury cases. We know the methods insurance companies use to get you to accept an unfair settlement and how to work with the police to obtain the most accurate information.
If you have been in an accident, you should speak with one of our experienced personal injury attorneys today.
You can also reach us via our contact page or at 302.655.2599. Leave us your contact information and tell us about your case, and a member of our team will get back to you as soon as possible.
