How do personal injury settlements work? A personal injury settlement generally occurs after a lawsuit is filed, evidence is submitted, and your Charlottesville personal injury lawyer negotiates with insurance adjusters to come to a fair compensation amount for your injuries.
Once legal fees and medical liens are paid, you will typically receive a lump sum payment.
How the Settlement Process Begins After an Accident in Virginia
Immediately after any accident, it is crucial to be evaluated by a medical professional. Although injuries may seem minor in the heat of the moment, shock and adrenaline can affect your ability to determine the severity, so you must seek medical attention.
Having sufficient evidence is a key factor in ensuring you receive full compensation for your injuries. Your attorney will want to begin collecting evidence as soon as possible. Memories fade, and evidence gets damaged or improperly processed, so collecting it as quickly as possible can immensely help your case.
Once your lawyer feels you have a strong argument, backed by evidence, they will begin negotiations with insurance companies. During this time, they may also be working with you to help ensure that during any statements or testimonies you are required to give, you do not accidentally self-incriminate.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Items That Can Be Included in a Personal Injury Settlement
After being injured in Virginia, several different forms of recoverable damages may be applicable in your case (Va. Civ. Model Jury Instruction No. 9.000 page 72). These items can include, but are not limited to:
- Past and current medical expenses
- Future medical expenses
- Pain and suffering
- Inconvenience
- Disfigurement and any associated humiliation or embarrassment
- Lost wages
- Loss of future earning capacity
- Property damages
Understanding what you may be entitled to is a key step in understanding how personal injury settlements work. It is important to note that every case is different, and not all plaintiffs will qualify for every form of general damages in personal injury claims. Speaking with a knowledgeable attorney will help you obtain the maximum amount available in your case.
Not All Settlements Are Created Equal
As discussed, each case must be evaluated individually, as many factors inform its value.
Severity of the Injury
Different injuries may qualify for higher or lower compensation. Something like a broken bone that heals relatively quickly may be eligible for a lower payout versus a spinal cord injury that can last a lifetime.
Length of Medical Treatment
Similar to severity, the amount of time it takes for an injury to heal may affect how much compensation you are entitled to. In addition to the suffering you have to endure, it can also affect how long it takes for your case to settle, as your attorney may want to see if this is a long-term injury or if it can heal relatively quickly.
Clear Evidence of Liability
Oftentimes, liability is called into question when determining how your personal injury settlement will work. If it is unclear who is responsible or if multiple parties may share liability, it can extend the timeline it takes to settle your case.
The Impact of Virginia’s Contributory Negligence Rule
Virginia adheres to a strict pure contributory negligence rule (Virginia Code § 8.01-58). This means that if you are found to be even 1% at fault, you may not be entitled to any damages. A key piece in how your personal injury settlement works is your lawyer successfully proving that you are not at fault in any capacity.
Insurance Policy Limits
In some cases, the other party is underinsured. This can cause problems if your injuries warrant a settlement higher than the insurance company is willing to pay. The steps taken if this is the case can vary depending on the type of accident you are in. For example, if it is an auto accident, your own uninsured motorist coverage may make up the difference.
Strength of Medical Documentation
One of the many reasons you want to seek swift medical care is to have a well-documented paper trail of what injuries you sustained and what the treatment plan may look like. The sooner you receive treatment, the better the evidence is when linking the injuries to your case.
Credibility of Witnesses
When determining whether to settle or go to trial, an insurance company may consider a witness’s credibility and how a jury may perceive them. If a victim seems to change their story or doesn’t have well-documented proof of injuries or property damage, they may be less willing to offer a high settlement and opt to take their chances in front of a judge instead.
All of these factors may play a role in determining the terms of a settlement, including the amount and types of compensation offered.
Payout Structure Can Look Different For Each Case
Once a case is completed and both parties agree upon the settlement amount, some payments must go to other parties before you receive your compensation. Oftentimes, you will have medical liens and fees for your personal injury attorney that must be paid, particularly if your case was taken on a contingency basis. Once these fees are taken out, there are three main types of payouts:
- Structured settlement—Distributes funds over time. Provides long-term stability.
- Lump sum—Distributes all funds immediately. Helpful for paying off large debts quickly
- Hybrid—Provides a smaller lump sum, then installments over time. Helps pay off initial debts quickly while providing long-term stability
When understanding how your personal injury settlement works, determining how it will be paid is the final piece of the puzzle. While there is no set timeline for how quickly you will receive funds after settlement, the average is two to six weeks, though it can be longer in some cases.
The Right Legal Team Can Help You Get the Most for Your Suffering
Understanding how your personal injury settlement works can be complex, and navigating it alone can prove challenging.
At MartinWren, P.C., we have decades of experience that we put to work for you. If you have been injured, call our team today to schedule your free, no–obligation consultation to see what your case may be worth.
Call (434) 817-3100 or complete a Case Evaluation form
