Tomassi Law Associates LLC

Personal injury settlements are the awards given to the victim in a personal injury case. A personal injury case is governed by tort law which protects individuals from civil wrongs committed by another, either intentionally or as a result of negligence. Personal injury settlements are usually awarded for a personal injury that involves bodily harm, though it includes any invasion of an individual's legally protected interests.

Compensatory and Punitive Damages

Personal injury settlements can include compensatory damages and punitive damages. Compensatory damages in personal injury settlements are intended to place a victim in the same position they were in before the injury. Personal injury settlements can include compensation for medical expenses, disability or deformity, loss of income, and mentaland physical pain and suffering. In some personal injury settlements, non-economic damages (pain and suffering awards) may be capped at a certain amount. In a case of willful or malicious negligence, punitive damages may be included in personal injury settlements for the purpose of punishing the perpetrator and deterring others from similar action.

Negligence, Strict Liability, and Intentional Wrong

Personal injury settlements may be possible in three different types of personal injury that occur in a variety of circumstances. Personal injury claims can be filed for negligence, where victims are injured because the responsible party failed to prevent injury. Strict liability cases involve defective products or drugs. Intentional wrong is when a responsible party knowingly causes injury to another individual.

Types of Personal Injury Settlements

Situations where personal injury settlements might be possible include: nursing home abuse, slip and fall injuries, car accidents, work related injuries, toxic material injuries, dog bite injuries, drug injuries, medical malpractice and wrongful death cases. In wrongful death cases, the decedent's dependants or beneficiaries may be eligible to receive personal injury settlements.

What must be Proven

In order to receive personal injury settlements, certain things or elements must be proven. First, it must be shown that the defendant did, in fact, bear a legal responsibility for the injury and the defendent breached that duty. Second, the extent of the damages must be proven and factual as well as proximate causation must be established (the defendents breach of a legal duty owed to you caused the damages and such result was reasonably foreseeable).   A qualified personal injury attorney is a victim's best advocate in obtaining the necessary evidence to establish these elements and in receiving fair personal injury settlements.

Settlements that are Negotiated out of the Court System

Most personal injury settlements are negotiated out of the court system and often involve dealing with the defendant's insurance company. In personal injury settlements, the defendant's insurance company will attempt to offer the lowest feasible compensation for your suffering; therefore it is important in many cases to seek the counsel of a personal injury attorney who can protect and maximize your interests.  Most personal injury attorneys work on a contingent fee basis which means that there is nothing out of your pocket and the attorney only gets paid if he/she is successful in obtaining a recovery for you.  Retaining the services of a personal injury attorney will increase the value of your claim and will pay for itself.

Contact a Personal Injury Lawyer

An experienced and qualified personal injury attorney protects the rights and interests of the injured victims and works to insure that they are justly compensated in personal injury settlements. If you are interested in seeking personal injury settlements for your injuries, it is important to keep in mind that tort law varies by state, and all states have a statute of limitation that restrict the time in which a claim can be filed.  Failure to file your claim by the deadline in your state will forever bar you from bringing your case.