How is a settlement determined in a catastrophic injury case?

In catastrophic injury cases, settlement amounts are usually determined through negotiations between the two parties involved. The plaintiff’s attorney will present the defendant with a demand package outlining their client’s injuries and damages, and how much the attorney feels his or her client is entitled to for compensation. The defendant’s attorney will then respond with a counter-offer, either accepting the demand or proposing a lower amount as an alternative. The amount of a settlement is determined by a variety of factors including the amount of economic or non-economic losses incurred, such as medical bills, lost wages, and pain and suffering. Also, the severity of the injury, negligence of the defendant, and the potential for a jury to award damages in excess of the amount initially requested by the plaintiff are all weighed when determining a settlement. In Washington State, courts may set a maximum amount of damages which a plaintiff can receive through a settlement. However, it is ultimately up to the attorneys of the plaintiff and defendant to agree on a settlement amount. If they are unable to come to an agreement, the case may proceed to trial.

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How is a settlement determined in a catastrophic injury case?

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