What’s a Good Settlement for a Cervical Spine Injury in Boston?
Accepting a settlement can help injured plaintiffs get the compensation they need faster than if they pursued a trial. Getting a good settlement is easier said than done.
Every plaintiff looking to settle wants to make sure they get a good settlement, but a good settlement can be hard to predict. Ideally, your settlement should leave you with no debts and account for all your losses and injuries, even the ones that did not actually cost you money. To try and predict your settlement, you and your lawyer need to assess your damages. Economic, non-economic, and punitive damages vary across cases. Important determining factors include the extent of your injuries, the defendant’s behavior, and whether you contributed to your injuries in any way.
If your cervical spine was injured in an accident, our Boston personal injury lawyers can assist you in settlement negotiations. Contact our team at the Law Office of John J. Sheehan for a free evaluation of the case. Call (617) 925-6407.
Good Settlements for Cervical Spine Injuries in Boston
Unfortunately, getting a good settlement can be difficult to predict. A good settlement might look different to different plaintiffs. If your injuries are severe and your damages are high, a good settlement might be quite significant. On the other hand, if you recover from your injuries quickly and your other damages are relatively low, a good settlement might be somewhat smaller.
A good way to think about your potential settlement is to think about what your settlement does not pay for. It is probably not a good settlement if your settlement does not pay for important or expensive damages. A good settlement should not leave you with unpaid debts. An even better settlement should account for all your damages, including non-economic injuries.
Another important aspect of a good settlement is your sense of closure. Injured accident victims often experience physical and psychological trauma, especially in cervical spine injury cases. If a settlement leaves you feeling like the defendant got off the hook easy, it might not be a good settlement. Talk to our Boston personal injury attorneys about a good settlement for your case.
Damages That Should be Factored Into a Good Settlement for Cervical Spine Injuries in Boston
While many damages are connected to financial losses and costs, others are not. Accurately evaluating your damages with our Boston personal injury lawyers can help you determine what kind of settlement is good for your case.
Non-economic damages include injuries that did not necessarily involve money or bills. Pain and suffering are some of the most commonly claimed non-economic damages related to cervical spine injuries. These injuries include mental and physical pain and suffering and can be quite high in some cases.
Many plaintiffs experience limited mobility, chronic pain, or even paralysis because of their injuries. Not only are these conditions physically taxing, but they are emotionally devastating. Generally, the greater your pain and suffering impact your life, the greater your non-economic damages may be. A settlement agreement should account for high damages for pain and suffering.
Economic damages are directly related to the money you had to spend because of the accident and your cervical spine injuries. Because cervical spine injuries are often so severe, medical treatment makes up the bulk of many plaintiffs’ economic damages. Other economic damages might include the value of a damaged property, lost income from losing work, and money spent on therapy or psychiatric treatment.
If you sustained a cervical spine injury in a car accident, your economic damages might determine your ability to sue. Massachusetts is a no-fault insurance state and, according to Mass. Gen. Laws Ch 231, § 6D, you must have more than $2,000 in economic damages related to your injuries to sue, or serious injuries such as death, dismemberment, or significant disfigurement.
In Massachusetts, punitive damages are only available when specifically authorized by a statute. In personal injury cases, punitive damages are usually available if wrongful death is involved and in very few other circumstances. If your loved one suffered a cervical spine injury in an accident and passed away because of their injuries, you might have a chance at punitive damages. If so, a settlement should account for these extra damages and be much higher.
Factors That Affect Your Settlement in a Boston Cervical Spine Injury Case
You should also consider factors other than your damages calculations that might influence your settlement for cervical spine injuries. Our Massachusetts personal injury attorneys can help you use these factors to your advantage and get the best settlement possible.
The Extent of Your Injuries
More severe injuries generally mean greater damages and higher settlements. You can argue for a more significant settlement if your cervical spine injury presents long-term complications. For example, if you are paralyzed, live with chronic pain, or cannot physically work because of your injuries, your damages and settlement might be large.
The Defendant’s Behavior
Even if the defendant’s behavior does not allow for punitive damages, their actions might make a jury more inclined to find in your favor. For example, if the defendant does not seem to be remorseful about the accident and treats the case as an inconvenience, the jury might be less understanding of their side of the story. Defendants might also want to avoid having their bad behavior made public in a trial, and they might be more willing to settle to avoid embarrassment.
If you contributed in any way to the accident that caused your injuries or somehow made your injuries worse, your damages and settlement could be reduced under Mass. Gen. Laws Ch 231, § 85. According to Massachusetts’ contributory negligence rule, a plaintiff’s damages may be reduced in proportion to their share of the blame for the accident. If the defendant is more than 50% responsible, they might be barred from recovery. Our Cambridge personal injury attorneys can help you combat allegations of contributory negligence to keep your settlement as high as possible.
Contact Our Boston Personal Injury Attorneys for Help with Your Settlement
Our Fall River personal injury attorneys can go over your damages and injuries so you can get a good settlement for your cervical spine injuries. For a free review of the case, call the Law Office of John J. at (617) 925-6407.