FACTORS AFFECTING SETTLEMENT IN A PERSONAL INJURY LAWSUIT

 What factors affect injury settlements? A former University of Pennsylvania student who was paralyzed from an accident at an off-campus residence has reached an $11.6 million settlement for her injury claims, The Philadelphia Inquirer reports. Lorna Bernhoft’s injury occurred while she was at a student gathering at the residence. She fell through a raised skylight from the fourth floor, which happened to only be covered by flex board and carpet.

For Bernhoft’s case and others, what are some factors that affect an injury settlement?

 

  • The extent of the injuries.If the injuries in the case are not that severe, the parties may consider settlement as opposed to taking an injury claim to trial. For example, if the medical bills and compensation a plaintiff is seeking for his or her injuries add up to an amount that is far less than the cost of trial preparation, then settling may be a more practical choice.
  • Potential damages if the case went to trial.There are many factors to consider with regard to your potential damages if your case actually goes to trial. Depending on the evidence and strength of your case, you will have to consider what your actual net recovery will be after you pay your attorney fees. In addition, settlement may be more attractive than court-awarded damages, as the latter may be tied up in appeal. This is especially important for victims who need money soon.
  • Publicity concerns.Unfavorable publicity is something that both sides of a lawsuit often consider. Civil court trials are open to the public, and this includes the media. If the parties would much rather have the matter be resolved privately, then settlement becomes a much more ideal option.
  • ADR recommendations.Many injury settlements arise from Alternative Dispute Desolution (ADR) processes such as arbitration and mediation. A mediator or arbitrator may help all parties reach a negotiated settlement in a manner much quicker and more cheaply than pursuing litigation would.

Most personal injury lawsuits do not see the inside of a courtroom because of the time and money associated with litigation. However, there are still many factors one should keep in mind when negotiating a settlement for their lawsuit. Make sure that you consider all your options by contacting an experienced personal injury attorney at Edelstein Law, LLP. (215) 893-9311.

WORKERS’ COMPENSATION 101

Workers’ compensation claims arise when an employee is injured while doing something they are required to do for their job. This is commonly referred to as, “within the scope of employment.” If an employee was acting outside his/her official duties or acting negligently, this may eliminate or reduce an otherwise valid workers’ compensation claim. However, if an employee is not at fault and injured on the job, the employer will likely have workers’ compensation insurance to help pay the employee while he/she is away from work due to the injury. In certain circumstances, death benefits may be available to an employee’s surviving family.

The idea behind this is that the employee is not able to participate in gainful employment due to an injury that occurred at his/her place of work. The employer, who is “responsible” for the employee while he/she is at work, must possess workers’ compensation insurance in order to provide the injured employee with financial support if and until they can resume working. The employee will likely be entitled to a substantial portion of the wages he or she would otherwise be earning, but for the injury. A private insurance agency, or sometimes the employer itself, will pay out to the injured employee. Workers’ compensation insurance covers most employers, with the noted exceptions of independent contractors or certain government, railroad, or shipyard employees.

Time is of the essence in Workers’ Compensation claims. Pennsylvania law requires that injured employees notify their employer of a workplace related injury within 120 days of the injury to be eligible for benefits. Having an attorney to guide you through the application process can significantly improve your chances of succeeding in your application for workers’ compensation benefits.

Importance of Emergency Treatment after Auto Accident

 

It is extremely important to go to the hospital for examination after an automobile accident. It is likely that you will not feel pain directly after the accident, but a few hours later is when the pain usually sets in. Do not ignore what your body is trying to tell you. Get a consultation to determine if you have any serious injuries that need immediate attention. It is also important to follow up with your primary care physician and to follow the discharge instructions provided by the hospital. Remember, no one knows your body better than you, so be your own advocate!

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Personal Injury Lawyer

Personal Injury Lawyer

Personal Injury Lawyer. Treating Head Injuries After An Accident Head wounds and concussions are severe injuries that can occur even during low-speed car accidents. The safest component in a vehicle – the seat belt – is really only designed to protect your chest and torso. Your head remains rather vulnerable during a crash, and even when an airbag is deployed, injuries can still occur. Head injuries can cause long lasting symptoms, including: 1. Concussion Duration The long-term effects of a concussion depend largely on the severity of the injury. Concussions are typically graded on a three-point scale: Grade I concussions are considered mild.