If you have been hurt due to the negligent actions of another person, you may be able to file for a personal injury lawsuit against them. A successful lawsuit can result in you getting an insurance settlement or court verdict. It begins with a demand letter, which describes what occurred and other details regarding your case. Also, the letter includes the amount you demand as compensation from the negligent party. This amount is the money you will be willing to settle your claim for. However, how much will this be?

Determining the amount of compensation to pursue is often challenging. However, this is an essential part of your journey to seek justice for the harm caused to you. An Ontario injury lawyer can help you with this and ensure you get compensated for all the losses you sustain because of the injury. To determine the amount of amount you can get in an injury settlement, your attorney will consider the following factors:

The Seriousness of the Injury

Brain injuries can be minor or irreparable. Spine injuries can result in back pain and paralysis. Thus, the seriousness of injuries varies, and while each injury that resulted from the negligence of another party deserves compensation, the seriousness of the injury determines the amount you must ask for. 

Aside from the kind of injury you suffer, it is also important to take into account the extent of the injury. This includes the length of time you are expected to recover from the injury. Have you been unable to work or live a normal life because of your injury? These factors can impact your final settlement amount.

Fault

As a claimant, you must prove the other party’s negligence directly caused the accident and your injury. However, fault in personal injury cases can be shared. This means that you may be partly responsible for the accident. But you may still be able to recover compensation in this case. The amount you can expect to get will be reduced. However, if the other party is fully at fault for the accident, you can demand more compensation than if you contributed to the accident. 

Evidence and Witnesses

The strength of your case also matters when it comes to your final settlement amount. If you can present strong evidence that the other party cannot question, then they may be more willing to settle your case for more. The reason is that this party knows they might lose if your case goes to court, where they could pay you higher compensation as determined by a judge or jury.