4 Facts You Should Know about Your Personal Injury Settlement

14 April 2016
 Categories: , Articles


When you've been injured on someone else's property, you may be able to sue or seek reimbursement form their insurance company. If you feel the property owner is to blame for your injuries, check out these four facts and learn a little more about your potential personal injury settlement.

A Settlement Can Include Many Types of Compensation

You probably already know that if you get injured on someone's property and they are found responsible, you can get reimbursed for medical expenses. However, medical expenses are not the only compensation you may be able to receive. If the injury also caused damage to a personal item, such as your car, you may also receive additional compensation. If your injury caused you to miss work or will cause you to miss future work, you may even be able to receive compensation for lost wages.

Of course, some injuries aren't as obvious as a broken leg or arm. Mental pain and physical suffering are harder to observe, but you may experience them after an injury. Pain and suffering can include negative emotions because of the accident, such as depression and anxiety. It can also include a loss of appetite, sexual dysfunction, or even simply a loss of enjoyment of life. If you experience pain and suffering, you may be eligible for more compensation.

Even If You Were Partially to Blame, You May Get a Settlement

Even if you were partially responsible for your own injury, you may still end up with a settlement. Most states follow the comparative negligence rule when it comes to personal injury cases. This means that even if both parties are to blame, you should still get a settlement, but the settlement will be reduced based on your responsibility. If the court finds you are 15 percent responsible, and your settlement is for $20,000, you'll get $17,000 (15 percent less than $20,000).

There are two types of comparative negligence: pure comparative negligence and modified comparative negligence. If your state follows the pure system, it means that you can receive a settlement even if you are almost completely responsible for the injury. In a modified system, you have to be 50 percent or less responsible to receive compensation.

You May Be Entitled to a Settlement If You Were Trespassing

Normally, if a trespasser was injured on someone's property, the trespasser doesn't have a case. However, there are some instances when this isn't true. If the person's property commonly experiences trespassers (people commonly use it as a short cut, etc.), you may have a case. In this instance, the property owner should expect to have trespassers because it happens frequently, so they must post warning signs of potentially dangerous conditions. If they fail to do so, and you get injured, you may be able to sue.

You may also be able to receive compensation for injuries sustained while trespassing if the property owner intentionally caused your injury. Property owners can't use deadly force to protect their property. For example, they can't shoot you just because you trespassed. Deadly force is only allowed if the trespasser is trying to cause bodily harm.

Your Social Life May Impact Your Settlement

When you're fighting for your settlement, it's important to avoid social media. It's a dangerous tool that can be used against you, so avoid using social media or at least make your pages private. Request that none of your friends tag you in photos or comments, either.

The reason social media can be so detrimental to your case is that it allows the prosecution or opposing insurance company to take things out of context. For example, say you are extremely injured and even depressed, so you are suing for mental pain and suffering. However, even when you are depressed, you may still have moments of happiness. A picture of you smiling with friends may be used to argue you aren't really depressed.

If you've been injured and someone else is to blame, you deserve a settlement to help pay for your injuries and damages. If you would like more information, contact a personal injury lawyer, like one from Lawyer, Lawyer, Dutton & Drake LLP, today.


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