Factors That Affect Your Settlement
Understanding what determines your compensation value
Economic Damages
Medical Expenses
Both past and future medical costs significantly impact settlement value:
- Emergency room treatment
- Hospital stays and surgeries
- Rehabilitation and physical therapy
- Medications and medical equipment
- Future medical care and procedures
- Home modifications for disabilities
Tip: Always keep detailed records of all medical expenses and follow your doctor's treatment plan.
Lost Wages & Earning Capacity
Income losses are fully compensable:
- Time missed from work during recovery
- Lost benefits and bonuses
- Reduced earning capacity if you can't return to your previous job
- Loss of future earnings for permanent disabilities
Property Damage
Vehicle repair or replacement costs, plus personal property damaged in the accident.
Non-Economic Damages
Pain and Suffering
Physical pain, discomfort, and the overall impact on your quality of life. These damages often equal 1.5-5 times your economic damages, depending on injury severity.
Emotional Distress
Anxiety, depression, PTSD, fear, and mental anguish resulting from the accident. Professional psychological evaluations strengthen these claims.
Loss of Enjoyment of Life
Inability to participate in hobbies, activities, and daily life functions you enjoyed before the accident.
Disfigurement & Scarring
Permanent visible scars or disfigurement can significantly increase compensation, especially if they affect employment or social relationships.
Liability & Fault
The strength of liability evidence is crucial:
Factors That Strengthen Your Case
- ✓ Clear liability (driver cited for violation)
- ✓ Hours of service violations
- ✓ Failed drug/alcohol tests
- ✓ Maintenance violations
- ✓ Multiple witnesses supporting your version
- ✓ Video evidence (dashcam, security cameras)
Factors That Weaken Your Case
- ✗ Disputed liability
- ✗ Your partial fault
- ✗ Inconsistent statements
- ✗ Delayed medical treatment
- ✗ Pre-existing injuries
- ✗ Lack of evidence
State-Specific Factors
Your state's laws significantly impact settlement value:
- Damage Caps: Some states cap non-economic damages
- Comparative Negligence: Rules about partial fault vary by state
- Statute of Limitations: Time limits to file lawsuits differ
- Jury Attitudes: Some jurisdictions are more plaintiff-friendly