Settlement Value of DC Injury Claims

Instead of going to court, an injured party in a personal injury case may receive a settlement offer from the other party. This settlement offer should be the appropriate compensation for the injured party, based on the facts and merits of their claim. If a settlement offer is being considered, it is important to determine the appropriate value for the injury claim, so that the injured party does not receive less compensation than they are merited. The help and advice of a DC personal injury attorney can be instrumental in determining this appropriate compensation. Using their knowledge of such cases, and by investigating the particular facts and circumstances of the given case, an attorney can provide their client with an understanding of the value of their case, and advise them on what compensation they should be willing to settle for.

Determining the Settlement Value of a Claim

Each claim is evaluated differently based upon the facts and circumstances of that individual claim. Some of the factors that go into evaluating a claim include how the incident occurred, the nature and extent of the injuries, the parties involved in the claim, as well as any other extenuating circumstances that are particular to that individual claim.

The evaluation process typically evolves throughout the life of the case. Once a complete investigation is done, a DC lawyer will then be able to make an appropriate evaluation of the case. It is impossible for anyone to initiate that case based upon just a few facts, and anyone who does so is doing a disservice to his or her client.

Impact of Fault

In the District of Columbia, if the injured person is at fault in any way, his or her claim is likely completely barred from recovery. The theories of contributory negligence or assumption of risk  are legal defenses afforded to the at-fault person to present evidence that the injured person was at fault.

Through operation of law, if a judge or jury determines that the injured person is even 1% at fault for his or her injuries, then the injured person’s claim is barred and he or she cannot recover. An injured person should never admit fault when determining a settlement value. If they do so, it could severely and definitely affect his or her ability to negotiate a settlement of their claim.

How a Lawyer Can Help Determine a Settlement Value

A lawyer typically works with his or her client throughout the course of their case in order to understand the many different factors of that individual case. Once that evaluation is completed and all pertinent information is analyzed, the attorney may ultimately be able to advise his or her client as to an appropriate settlement value.

A person should never expect a settlement offer in his or her case. There are many different factors that go into whether a case will settle or not and until a settlement offer is made, a person should not assume that they will receive a settlement offer for his or her personal injury claim.