Massachusetts Personal Injury and Workers' Compensation Law Blog
Massachusetts Personal Injury Settlements
A common question I get is “What is my case worth?” My answer is always the same: it depends. That is because pricing a personal injury case is more of an art than a science. Massachusetts personal injury settlements depend on a number of factors. Here are some of them:
Can Liability Be Established?
Liability is another word for fault, or legal responsibility. Determining what a case is worth starts with liability. Was the person or company that injured you negligent? Can it be established? Can the injury victim be held partially liable for his injuries? The strength of the liability analysis will impact the settlement of a personal injury case. Liability does not come into play with Massachusetts workers compensation cases.
What Are The Damages?
Damages refers to your injuries, medical bills, lost wages, and anything else you suffered in your accident that needs to be compensated. From a settlement perspective, the higher the damages the higher the settlement value. Of course, damages need to be established and proven before they can be compensated. Damages are proven with medical records, medical bills, proof of lost wages, etc.
Is There An Insurance Policy To Pursue?
No matter how strong the liability and the damages are, there needs to be an insurance policy to pursue. If there is no insurance, a case is generally not worth pursuing. Of course, if the person that caused the accident has enough in assets to cover a possible verdict, then insurance becomes less important. However, even if there is insurance, there may be an exclusion. Each case needs to be investigated for all possible sources of available insurance.
Massachusetts Personal Injury Settlements Depend on The Type of Case
These factors are not the only factors that influence Massachusetts personal injury settlements. Whether it be a car accident, truck accident, motorcycle accident, or slip and fall, each case is different and needs to be independently evaluated. Please contact us if you would like our help with your personal injury case.