Michigan Personal Injury Laws - What Is A Fair Settlement?

There is no set formula for determining the value of a personal injury case

. Just like a snowflake, no two cases are the same. How then do attorneys, insurance companies, and juries can place a dollar amount on an injury that has no exact market value? Unlike in real estate and cars, there are no generally accepted appraised values for a broken leg, an injured back, or a facial scar. The value of an injury is determined by numerous factors, each one of which is unique to the particular case.

First, there must be an assessment that a party is legally liable for an injury and that negligence exists. This element is based upon statutes and case law which impose legal duties on people and businesses. For example, the drive of a car has a legal duty to observe the car driving in front of him and maintain enough distance from that car to stop his vehicle in a safe manner without causing a collision. Also, a business has a legal duty to its customers to remove the hazards of snow and ice with a reasonable time after the natural accumulation of the snow and ice. These duties themselves are subject to defenses that could reduce the percentage of liability on the part of a person.

If a person or business has breached their legal duty to another person and an injury results, there are numerous factors that are used in placing a monetary value on an injury. These factors include economic damages and non-economic damages. Economic damages include lost wages, medical expenses, and future loss of income and medical expenses.

Non-economic damages which can be recovered by an injured person include pain and suffering, fright and shock, loss of enjoyment of life and future losses of the same, and scarring and disfigurement. These types of damages are difficult to place a dollar value on due to the nature of the loss, but are determined by considering the severity of the injury, the type of medical treatment required, the necessity of future medical treatment, and restrictions placed on a person's lifestyle and employment due to the injury. For example, a child who has been seriously scarred on the face would most likely receive higher compensation than an elderly person because of the child's life expectancy with the scar and the emotional trauma experienced through adolescence.

Attorneys and insurance companies constantly dispute the values of a person's case for obvious reasons. Attorneys are hired by injury victims to help them achieve the highest possible settlement or verdict to compensate them for their injuries. Insurance companies, however, increase their profits by paying out the least possible money on claims. Quite often, the difference in opinions with respect to the value of a case between attorneys and insurance companies cannot be resolved without the filing of a lawsuit. If the case is not settled between the parties prior to a trial, it is a jury which hears all of the evidence and renders a verdict to compensate the injured party.

Experienced lawyers who handle injury cases are often able to place a monetary value on a case after reviewing the medical records, studying the legal issues, and discussing the matter with the client to determine how the injury has affected the client's life. This skillful evaluation assists the client in understanding the issues of the case and provides a basis for achieving a settlement.

by: Lawrence Buckfire

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