Determining the Settlement Amount in a Personal Injury Case

Personal injuries are difficult enough to deal with, depending on the severity. They can change a person’s day-to-day life for the foreseeable future, and in some case, can change life forever. On top of the fact that a person is already injured, they will have to face medical costs, which can be just as damaging as the injury itself. If a person is responsible for someone else’s injury, a lawyer is necessary. A Salt Lake City area slip and fall lawyer, for example, will be able to help the injured party calculate a reasonable settlement amount in the case of an injury caused by someone else's negligence.

In Salt Lake City, and across America, settlement amounts can range significantly, but there is not an absolute minimum or maximum. There are multiple factors that go into calculating the size of the settlement a person should receive after being injured in a slip and fall accident. 

First a lawyer must determine the nature and extent of the plaintiff’s injuries, including "pain and suffering" and the long-term impact of the injuries. For example, a person who had a slip and fall accident and experienced a minor cut will receive less than a person who sustains a severe brain injury. This is because of the duration of the pain, suffering and financial costs of the injury.

The settlement amount will also have to do with the clarity of fault, according to AllLaw.com. If a person experiences a slip and fall immediately after someone else spills a drink in a restaurant, identifying fault can be more difficult. Was it the restaurant’s fault for not taking care of the spill quick enough? Or, was it the spillers fault? In this case, the settlement amount will be different from one in the case of a car crash caused by a drunk driver, where blame is more obvious.

Lastly, what the other party is willing to offer as a settlement will be taken into consideration. Even in Salt Lake City, defendants will try to talk their way out of paying any settlement, and will no doubt attempt to get the requested settlement amount lowered. It will be up to the plaintiff’s lawyer to present enough evidence, in order to convince the defendant to pay the deserved amount.

Regardless of the severity, people who are injured because of someone else's negligence deserve compensation. It is important for injured parties to contact a Salt Lake City area lawyer immediately, in order to protect their rights.

Ian Carry is a legal writer for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry. Follow on Twitter.