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When a car accident results in a party who sustains an injury to the neck, the consequences, physically speaking, can be quite severe. Neck injuries can vary from simple strains to torn ligaments to even broken vertebrae and/or pinched nerves. Each of these injuries requires an amount awarded accident neck injury settlement. In order to ensure that the settlement is reached without difficulty, the injured party should be sure and receive a medical diagnosis and treatment that is documented. This documentation serves as evidence going into the negotiations and, if forced on you, in a trial.
The settlement process for injuries that are the result of negligence on the part of the offending party require several items:
Determining a settlement amount for a neck injury involves the calculation of the amount of money necessary for adequate compensation. Some neck injuries will result in long-term or permanent disability. Others will merely require some minor treatment before returning to full strength and mobility. Generally a standard formula is applied in determining the value of a neck injury claim using the following guidelines:
1. First, what are the complete expenses in treatment for the neck injury? This amount is referred to as "medical special damages," or by the shorter "specials."
2. Second, the "specials" figure is then multiplied by a severity number arrived at depending upon how extreme the injury was. Usually the number is 1.5 or 2 for minor injuries and goes up to 5 for particularly painful injuries. In extreme cases the number can go as high as 10. This supplies the compensation with a "pain and suffering" factor and compensation for general loss and other non-monetary damages.
3. The last part of the figure is arrived at by adding to the product of the first two steps the amount necessary to cover lost income, and other expenses of that sort. The final number is the compensation amount.
This compensation amount, or if thought necessary a higher amount, is presented at the onset of negotiations to the defendant, their attorney and/or insurance adjuster in a demand letter. If the parties are able to arrive at a settlement figure then it is put in writing and signed by both parties. If a settlement cannot be agreed upon, then the only alternative is to take the case to trial.
Copyright © 2014 Nolo ® | Security & Privacy | Terms and Conditions | Disclaimer — Legal information is not legal advice
Copyright © 2015 Nolo ® | Security & Privacy | Terms and Conditions | Disclaimer — Legal information is not legal advice