How is a personal injurt settlement figured out?

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How is a personal injurt settlement figured out?

I was involved in about 1 1/2 years ago. I had to have surgery to repair a broken nose and deviated septum. The septum was damaged so badly they had to take cartilage from my ear to rebuild my septum. I was not able to have the surgery until 3 months ago. I was pregnant and not able to have the surgery at that time. The medical bills came to 33K. Should i speak with a personal injury attorney? I’m in Lucus County, OH.

Asked on October 21, 2011 under Personal Injury, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It would be advisable to speak with a personal injury attorney immediately because your injury occurred  18 months ago.  If you don't file a lawsuit for negligence against the party who caused your injury prior to the expiration of the applicable statute of limitations, you will lose your rights forever in the matter.

As for how a personal injury settlement is determined, when you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills. If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.

In your case, you should file your lawsuit even if you don't have all the medical bills, medical reports, and wage loss documentation because the statute of limitations is approaching and if you miss the filing deadline, you will lose your rights forever in the matter.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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