There are numerous factors that combine to determine the value of a personal injury settlement amount. No two injuries are exactly the same, and the same can be said for accidents. All of the factors that come together in your case are unique.
Understanding the potential factors that could impact your personal injury settlement might not give you an exact answer on the value of your case, but it could give you insight into what to expect.
The attorneys of Olson & Sons are ready to advise you on the strength of your personal injury case. During your initial consultation, we can review the facts and advise you on what you might be able to recover. Schedule your free consultation today to learn more about what goes into your personal injury settlement value.
The Extent of your Injuries in Hawaii
The extent of your physical injuries is a major factor in determining the value of your personal injury case. In general, the value of your case will increase based on the severity of your injuries. This is the case for a number of reasons.
Serious injuries are more likely to result in costly, ongoing medical care. The cost of this care can be high, especially if you require ongoing treatment for years to come. Serious injuries are also more likely to result in chronic pain or emotional trauma, both of which could lead to damages.
The At-Fault Party’s Insurance Coverage in Hawaii
Whether or not the party that injured you has insurance coverage could play a part in setting the value of your case. If you are injured by someone that is uninsured, it is possible that they lack the financial assets to make you whole. Even if liability is clear, they could simply be unable to pay everything you deserve.
That is often not the case when insurance coverage is involved. Insurance companies have endless resources and obligation to cover the damages caused by their insured. Keep in mind that every policy has limits, so if your damages exceed that amount you might not have all of your damages covered.
Liability
Liability is another major factor in determining the value of your injury settlement. If the other party admits they were at fault, negotiating a settlement is usually more about what a fair value might be and less about whether a settlement is warranted at all.
Cases where the defendant disputes liability are different. If the other party refuses to take responsibility or even blames you for the accident, it could be difficult to secure a settlement offer at all. While cases with disputed liability can ultimately settle, the value of these claims is often dragged down during negotiations.
Delay
The amount of time you wait to pursue a personal injury settlement could have a negative impact on the amount you recover. Investigating a personal injury case is a time-sensitive matter, and any delay could put your attorney at a disadvantage. The longer you wait, the harder it could be to build a compelling case for negligence.
If you wait too long, you could miss out entirely on your chance to file an injury lawsuit. This is due to a legal concept known as the statute of limitations. If the statutory period expires before you file your lawsuit, the court could prevent you from ever pursuing your case. Our firm could ensure you file your suit on time and avoid these complications.
Damage Caps
Hawaii is one of the states that applies arbitrary caps on certain types of damages. These caps do not impact the total value of your settlement, but they do limit your non-economic damages. Non-economic damages are the subjective losses you might suffer, like your pain and suffering or emotional distress. State law limits these damages to a maximum of $375,000.
The good news is that there are some ways around these caps. If you are injured in an accident involving multiple defendants, the cap might not apply. There are also no caps when it comes to injuries caused by intentional torts. Our firm could review the facts of your case and advise you on whether damage caps apply to you.
Talk to an Attorney About Your Injury Settlement in Hawaii
If you have been injured in Hawaii through no fault of your own, it is understandable for you to wonder what your settlement might be worth. The reality is many factors could go into determining its value, including liability, insurance coverage issues, and any delay in filing your case. If you are ready to give yourself the best opportunity to secure fair compensation, the team at Olson & Sons is ready to help. Call right away for your free consultation.
