How Head-On Collision Personal Injury Settlements Are Determined
There are a variety of factors that influence the value of one’s head-on collision personal injury settlement. Some of the variables that help determine the outcome of such personal injury claims include:
Personal injury claims that are successful at establishing liability often lead to higher settlement returns. To prove negligence or liability, enough evidence must be provided to show how one person or party was at fault for the collision.
If there are multiple individuals who are responsible for a head-on collision and each party is represented by a unique insurance company, there may be an issue as to how each person should follow through with payments.
Characteristics of The Plaintiff
Age, occupation, likeability, and prior medical history can affect the outcome of a personal injury claim. If the claimant has a history of filing false claims, has been arrested and convicted for multiple DUIs, or suffers from chronic conditions that are similar to their accident injury, they may not be awarded compensation for their damages.
Where a personal injury case is tried can determine the outcome of a claim as some venues are more conservative than others.
Punitive damages are meant to provide consequences to the defendant for actions that are considered culpable and egregious. Most cases do not list punitive damages when determining settlement value, but, instead, use the potential punitive damages as leverage to support the plaintiff’s claim.
An insurance company might fight to reduce the value of a personal injury settlement if the claimant did not seek medical attention immediately following their accident. In cases where an accident victim sustains higher medical expenses based on their inability to receive treatment right away, an insurance company can argue for a lower settlement to reflect the plaintiff’s failure to mitigate.