Calculating A Boston Car Accident Settlement

There are many different factors that go into calculating a Boston car accident settlement.  This is more of an art than it is a science.  There are no two cases that are alike, so there is no one-size-fits-all formula that can be used to determine settlement values.  That is because each case is unique.  Here are some common things that are looked at when trying to put a settlement number on not just a Boston car accident case, but other personal injury cases as well.

First, liability is examined.  Is a person or company responsible for causing the injuries?  If no one is responsible, or liable, then a settlement likely will not happen.  If liability can be proven, then the injuries are looked at.  Are the injuries minor and expected to quickly heal, or are there broken bones involved, or even catastrophic injuries suffered? The more serious the injuries, the higher the settlement will be.

Then we look at the amount of medical bills and lost wages.  If the bills are high then the settlement will also tend to skew higher.  As well, the more the lost wages add up to be, then the higher the settlement will likely be.

Also, liens must be examined.  Liens such as Mass Health, Medicare, Tufts, Blue Cross Blue Shield, Harvard Pilgrim, are some liens that may be asserted against a potential settlement.  These liens must be dealt with at the time of settlement.  Generally speaking, the higher the liens, the higher the settlement.

The factors that are looked at when determining a workers’ comp lump sum settlement amount are a little different than those used with Massachusetts personal injury cases.  Generally, with those cases, what is most important is the employee’s average weekly wage (AWW) and the length of disability the injured worker will endure.