The goal of most personal injury plaintiffs is to recover as much money as possible from a defendant. The purpose of such recovery may differ – some plaintiffs may need money to pay for necessary surgeries. Other plaintiffs may be unable to work because of their injuries and need high payouts to compensate for their inability to work any further. Regardless of why a plaintiff may need money though, the personal injury lawyer must represent his or her client to the best of their ability to maximize a potential settlement or judgment.
What Is a Settlement or Judgment?
A lawsuit can end in one of two ways. First, a case may end in a settlement if the parties can reach an agreement. In a personal injury case, a defendant might agree to pay a plaintiff a certain amount of money in exchange for dismissing the lawsuit.
Alternatively, a lawsuit may end when the court enters a judgment in favor of one party over another. If the court enters judgment for a party, the court may order the losing party to pay a certain amount to compensate the other party. The losing party can appeal a judgment to a higher court.
What Factors Determine a Personal Injury Settlement or Judgment?
The damages from a personal injury lawsuit depend on a few types of damages. These damages include:
- Extent of physical injuries – major injuries result in greater damages for the plaintiff.
- Financial hardships – loss of past income and impact on future ability to earn wages.
- Mental distress – including emotional distress and psychological disorders such as PTSD.
Potential Statutory Limits to Your Personal Injury Suit
Certain state laws may reduce how much you can recover from a personal injury lawsuit. Comparative or contributory negligence rules permit defendants to reduce the amount of damages based on the percentage of fault by a plaintiff. In a straight comparative negligence state, if a plaintiff is determined to be 20% at fault, then their financial compensation would be reduced by 20%. Comparative negligence states include California, Florida, New Mexico, and Washington, among others.
If a state uses a modified comparative negligence rule, the plaintiff must not be a majority at fault to receive any compensation. If a plaintiff has at least 50% or 51% fault (depending on the state), they will not be able to recover anything. These states include Arkansas, Colorado, Delaware, Georgia, and Maine, among others.
Some jurisdictions may also impose damage caps on certain types of cases. These caps place a maximum limit on how much a plaintiff can recover from a lawsuit. States will vary in terms of how they cap the damages. States such as Colorado or Idaho may cap the amount of non-economic damages that a plaintiff may recover. A state like New Mexico may cap medical malpractice cases to about $6 million by 2026.
Potential Expenses of a Lawsuit
The gross amount a plaintiff may receive from a lawsuit is not the total sum that a plaintiff may receive. The deductions of a lawsuit include:
- Attorney’s fees – Personal injury plaintiff lawyers may be entitled to a percentage of the settlement for their services and expenses. This amount should be spelled out in the client-lawyer agreement.
- Bills – If a plaintiff has outstanding bills or debts, such as medical liens, the settlement may be used to pay off those expenses. However, a personal injury plaintiff lawyer may be able to negotiate with the lien holders to lower the amount owed.
- Taxes – A settlement may be subject to taxes. Be sure to speak with a tax attorney to review the potential tax impact of a settlement or judgment.
What is the Best Recovery for a Personal Injury Lawsuit?
The goal of any personal injury lawsuit is to put the plaintiff back to where they were before the accident. In other words, a personal injury lawsuit should be able to compensate the plaintiff by paying for everything that could restore them to where they were before the accident occurred. Such expenses would include any medical treatments such as surgery, physical therapy, and medical testing. Loss income or wages should also be recovered, as well as money for any lost time and/or pain and suffering.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.
