Legal Matters: How Do Personal Injury Settlements Work?

One of the largest personal injury settlements ever paid in the USA was for the sum of $206 billion! In the late ’90s, 46 states grouped together and sued Big Tobacco and won. The settlement was to be paid off in installments over the next 25 years to institutions that would care for people negatively affected by smoking.

Personal injury settlements can be worked out in the same way. Instead of getting a lump sum, you could receive payments over a long span of time. If you’re wondering “how do personal injury settlements work?” then this handy guide will tell you everything you need to know to build, win, or defend against a liability case.

When to Open a Personal Injury Case

To get a personal injury settlement you need to have a good case going in. The easiest cases to prove are when you suffer as a result of someone else’s direct action. In law, it’s called commission, as in someone committed violence against you.

However, you can also sue for damages if you have reason to believe your injury was a result of another person or organization’s negligence. That’s why businesses put those yellow “slippery when wet” signs up after mopping.

If someone willfully hid a danger and you got hurt, then your case would be even stronger. For example, if you got severe food poisoning and your legal team discovers the restaurant you ate at knew about rats and didn’t act to neutralize the danger.

Read more: Personal Injury Attorney Memphis

What You Can Sue For

You can sue individuals or organizations for damages if your injury resulted in extra expenses (medical bills and funeral expenses). You can also sue for potential loss of income streams and emotional harm. Personal injury settlements can come from many different kinds of cases and injuries.

Your attorney will calculate the legal ‘value’ of your losses and sue for that amount. This calculation involves the extent of your injury, how it impacted you, future impacts, and the extent of the defendant’s liability. Failing to put up a sign is not as serious as failing to eradicate disease-carrying rats from a kitchen, and the legal system reflects that fact.

How Do Personal Injury Settlements Work

During the legal process, your legal team and the defendant’s team will argue about liability and appropriate damages. Suing on the right grounds and being able to prove the other party’s liability or actions can almost guarantee a settlement in your favor.

Most lawyers will try to settle out of court because appearing before a judge is very expensive, time-consuming, and often unnecessary. You then have the option to receive your personal injury settlement in a lump sum or in installments. Getting installments is much easier to manage than a giant pile of cash, and you can even get services like to structure this arrangement for you.

Make Sure You Know Your Rights

Personal injury suits aren’t just a nice legal get-rich-quick scheme. They are an important way for victims to be paid their due and to develop legal policies to further protect the public. If you feel someone else’s negligence has caused you harm, maybe it’s time to contact someone for legal guidance.

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