Saturday, March 27, 2010

Personal Injury Settlement Amounts

The amount of personal injury settlement depends on many factors, and there is no fixed value for any compensation package. The amount settled on depends on factors like age of the claimant, severity of injury, net financial loss, medical expenses incurred, medical prognosis, extent of liability, etc.

There is no minimum or maximum compensation amount limit set by law, since amounts vary greatly from case to case. The following examples give you an idea of the compensation due in cases of personal injury.

A construction company, for example, paid a compensation of $2,000,000, when held liable for the death of a young man caused by unsafe construction. A retail store paid out $1,000,000, when a claimant suffered serious neck injuries when a display fell on her. A nursing home paid $1,000,000 for medical negligence when an Alzheimer's patient was injured due to the absence of a nurse on duty. Injury due to an automobile accident aggravated a victim's previous neck injury, and the he was paid $5,000,000 in compensation.

The highest compensation values are given to those plaintiffs who are young and healthy. This is because the jury takes into consideration the financial loss and mental anguish caused to those victims who would, in all probability, have been highly productive had they not been injured or handicapped.

Severity of injury is another factor. A first degree burn which heals quickly and leaves no scars is compensated by a minor amount. But a third degree burn, if spread over 50% of the body, for example, can claim up to $8,00,000, as in a case where a coal mining company was sued when a minor needed an amputation due to the company's negligence.

Lost wages are also considered when settling such cases. The court takes into account the occupation of the claimant, education levels and future prospects when awarding a compensation amount.

It is also important that the plaintiff come across as someone sincere who genuinely needs help, and not an opportunist just waiting to sue due to financial motives. The personal injury settlement amounts are meant to help those in distress get on with life, and not simply a financial "dole".

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