How is a settlement determined in a catastrophic injury case?

A settlement in a catastrophic injury case is determined by the amount of compensation that is desired by the victim, the victim’s family, the court, and the defendants. This can include money for medical expenses, lost wages, pain and suffering, mental anguish, and other forms of damages. When determining a settlement in California, the court must consider the severity of the injury, the negligent party’s financial ability to pay, the amount of medical bills and lost wages, and the degree of fault the defendant shares. For example, if the defendant was only partially at fault, the settlement amount may be reduced from the maximum amount. The court will also compare similar cases that have been brought to court in the past to decide on an appropriate amount for the settlement. The final settlement figure is usually reached between the victim and the defendant’s insurance company, unless the case is brought to trial. Finally, an expert witness may be called to offer an unbiased opinion about the financial costs of the catastrophic injury. This expert witness would review the victim’s past medical records and future medical expenses, the pain and suffering of the victim, and other relevant factors. The amount of the settlement is then determined through negotiations between both parties.

Related FAQs

How is a settlement determined in a catastrophic injury case?

Related FAQs

Related Blog Posts