When a negligent person injures you, it may motivate you to learn more about simple legal jargon. Examples? A person is “negligent” when they fail to meet a duty, and their action or inaction harms you. “Negotiation” is the process where opposing sides hammer out the details of a settlement. “Damages” are economic and non-economic losses incurred after an injury. “Settlement” is a formal agreement to finalize a personal injury claim. What is a personal injury settlement? That’s the financial consideration an insurer pays for the harm their policyholder caused.
As Connecticut car accident attorneys, we know legal jargon can be confusing. When an attorney handles your claim, they deal with any legal issues, theories, and jargon, so you don’t have to. We still believe you should know the basics. That’s why we’re sharing, “What is a personal injury settlement?” We created this FAQ to help you understand this common term because it can be a bit confusing.
What is a personal injury?
“Personal injury“ is another term for an “injury” sustained under a wide range of circumstances. Attorneys and injured people don’t always use this phrase. Typically, they talk about car accident injuries, slip-and-fall injuries, and other types of physical harm. Personal injuries occur due to another party’s negligent or intentional acts:
- In public places: parks, green spaces, gathering places
- On commercial or private property: restaurants, amusement parks, homes
- While in a vehicle, riding a bicycle, or walking
- While using a defective product
- While performing work-related duties for an employer
You’ll find the phrase “personal injury” scattered throughout Connecticut General Statutes. As it’s a commonly used legal phrase, most chapters mention it without further explanation. Chapters 968 and 568 include comprehensive but different definitions:
- Chapter 968, Victim Services, explains personal injury in the context of compensation for criminal harm: “…actual bodily harm or emotional harm and includes pregnancy and any condition thereof…” In this chapter, personal injury also includes ”…injury or death to a service animal…”
- Chapter 568, Workers’ Compensation Act (16) (A) pairs the phrases “personal injury” and “injury”, indicating they share the same meaning. Workers’ Compensation statutes also explain what a personal injury is not.
What is considered a personal injury claim?
When a person, homeowner, company, or organization causes an incident that injures you, you have the right to make a personal injury claim against them. As many people and businesses purchase liability insurance to cover these types of exposures, an insurance company usually handles claims on their behalf. Some large corporations self-insure for liability losses. They establish a system for handling personal injury claims. If they pay a claim, the money comes from their own resources.
Below are common examples of personal injury claims for people who sustained physical and non-physical injuries:
- Motor Vehicle Accident: Injuries resulting from a collision involving a car, truck, motorcycle, or other motor vehicle on a public or private road
- Pedestrian Accident: Injuries while crossing a street, typically due to a collision with a motor vehicle
- Bicycle Accident: Injuries, usually involving a collision with a motor vehicle on a public road
- Product liability: Injuries due to a defectively designed, manufactured, marketed, or packaged product
- Premises Liability Incident: Injuries due to negligent operation, maintenance, safety, deterioration, or other issues related to a residential or commercial property.
- Dog Attacks: Dog-related injuries for which an owner is strictly liable.
- Physical Assault: Injuries related to a property owner’s failure to keep their property safe and secure, or due to other criminal assaults
- Emotional Damage: Psychological injuries associated with physical injuries, and also non-physical injuries such as defamation, slander, or intentional infliction of emotional distress
- Workplace Accidents: An accidental employee’s injury, “causally connected” to their employment, also due to repetitive trauma or repetitive acts, and occupational disease
Insurance companies have a contractual duty to accept and resolve personal injury claims related to their insured’s activities or operations. Self-insured entities typically delegate these duties to in-house claim administrators or independent claim services.
What is a personal injury settlement?
A personal injury settlement is a financial agreement between a responsible party and the person they injured. An insurer or self-insured entity usually handles the arrangements and pays the injured party a negotiated amount. In exchange for the payment, the injured person signs a document releasing the responsible party of all pending and future claims.
In Connecticut, a personal injury settlement usually includes economic damages and non-economic damages.
- Economic damages: current and projected future medical bills, lost income, rehabilitation costs, medications, and other out-of-pocket costs.
- Non-economic losses: negotiated damages that may include pain, suffering, scarring, disfigurement, and other emotional and psychological losses.
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Is a car accident injury a personal injury?
Yes? When a negligent person crashes into your car, any injuries you sustain meet the criteria of a personal injury. As car accidents occur more frequently than other types of injury-causing incidents, they generate more personal injury claims.
Do I have to file a lawsuit to get a personal injury settlement?
No, you don’t. Most people settle personal injury claims informally, without filing a lawsuit. Some deal directly with the insurance company or claim service. Others prefer to have a lawyer handling the details on their behalf. Either way, negotiating a fair settlement requires certain norms:
- Familiarity with the accident circumstances
- Knowledge of potential legal issues
- Understanding injuries and their settlement value
- Willingness to stand up against an adversary
- Ability to recognize unfair negotiation strategies
- Confidence to reject an offer and walk away
- Willingness to file a lawsuit if necessary
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How much should I ask for in a personal injury settlement?
A personal injury claim doesn’t have a set dollar value. Every injured person’s claim has its own unique value. It’s not just the type of injuries you have. It’s also what those injuries mean to you. Even if two people have identical diagnoses, each experiences the pain, disabilities, and recovery in a different way. Before you decide what’s fair, you must ask yourself a few questions.
- How did your condition affect your spouse and children?
- Did you have difficulty performing household chores?
- Did your injury prevent you from earning a living?
- How would you describe your pain, suffering, and emotional distress?
- Did you require surgery?
- Do you have any permanent scars?
- Are you experiencing any permanent disabilities?
- Did your injury force you to change your lifestyle?
Claims adjusters should consider these and other factors when evaluating injury claims. If they can negotiate a settlement, they won’t talk about the meaningful details if you don’t. Before you decide to negotiate with an insurer, consider discussing your case with an attorney.
How do insurance companies negotiate personal injury claims?
Insurance claims adjusters typically evaluate and negotiate claims based on their company’s standards and their experience level. If an adjuster has only minimal claim handling experience, they probably won’t have the authority to resolve your claim without management approval. If they have authority but limited negotiation skills, they simply fake it. Sometimes seasoned adjusters and newbies use the same negotiation strategies:
- Tossing out a ridiculous offer to see what happens (I can offer you $5,000).
- Sticking to an assigned settlement range (I can’t go any higher than $10,000).
- Falling back on old school claim strategies (let’s split the difference).
- Refusing to increase the offer no matter what the injured person says (I can only offer $5,000).
- Faking a consultation with their boss (My boss says I can’t go any higher).
Other claims adjusters work in technology-dominated environments. They make contacts, ask questions, and input data. Ultimately, claim technologies make decisions based on the data they receive, which might not be complete. These systems can evaluate claims in a way that mirrors a company’s claim philosophy.
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Do claims adjusters have an advantage when negotiating a claim?
When a claims professional negotiates directly with an injured person, they see themselves as having the upper hand. Unfortunately, that’s often true. After months of recovering, juggling unpaid medical bills, and living with a reduced income, most injured people just want to settle their claim quickly and walk away. Claims adjusters also understand that a typical claimant isn’t fully prepared to negotiate.
- They might not recognize or fully understand the legal issues.
- They don’t have the resources to research and understand injury values.
- They won’t want to deal with time-intensive, aggressive negotiations.
- They concede that they have to go through the claims adjuster if they want a settlement.
When you work with a personal injury attorney, they begin protecting your rights immediately. A legal team can investigate your accident while you take time to rest and heal. By the time you’re ready to resolve your claim, your attorney will know the legal issues and injury values. They will have a strategy for dealing with the claims adjuster, and they’ll be prepared to make a demand, negotiate your case, or file a lawsuit if necessary.
What are the steps in a personal injury lawsuit?
When an attorney agrees to handle your personal injury case, they commit to producing the outcome that’s most favorable to you. While they try to resolve cases amicably, they understand there are no guarantees. That’s why they prepare each new case as though it may end up in court someday.
Case Preparation
Once you formalize an attorney/client relationship, your attorney begins investigating your case and evaluating your injuries. This helps them prepare for every potential outcome. If the claims handler cooperates, they can resolve the case with no further action. If the adjuster negotiates unfairly, the attorney is prepared to move forward with litigation.
Decision to file a lawsuit
The decision to file a lawsuit is yours alone. Your attorney will explain when they believe it’s the appropriate time to begin litigation. This might occur when:
- The liability insurer or self-insured entity denies your claim
- You’re dealing directly with the adjuster, but they won’t return your call
- Negotiations stall or break down completely
- The statute of limitations is close: (usually two years after the accident)
Legal Process
Your attorney must meet the Civil Process guidelines in CGS Chapter §52-45a. They prepare a writ of summons and a complaint. These documents name you and your spouse as the plaintiffs and any responsible parties as the defendants.
- Writ: also includes court, return of service, and appearance details, and a signature from a Superior Court judge, a judge, or a court clerk.
- Complaint: explains the accident, tells what the defendant did, cites a theory as to why the defendant is legally liable. The complaint also includes a demand, explaining the damages sought and why.
Once a law enforcement officer serves the court documents to the named defendants, this initiates a time frame for a formal response. The defendant must file an appearance with the court and answer the allegations in the complaint.
Discovery
Discovery is a process where the parties share evidence to advance the case. Plaintiff and defense attorneys make formal requests for evidence. These may include:
- Interrogatories: a list of formal questions
- Requests for production of documents: Attorneys make formal requests for documents and reports relevant to the case.
- Depositions: Attorneys set up formal witness testimonies under oath. Defendants and plaintiffs ask questions while a court reporter or videographer documents the testimony. These may include plaintiffs, defendants, witnesses, officers, experts, physicians, and other parties.
Continued Negotiations
When a case goes into litigation, it doesn’t prevent the parties from continuing their negotiation efforts. In fact, the courts encourage it. They set pretrial conferences and may recommend Alternative Dispute Resolution to resolve cases without tying up the courts. Discovery can be time-consuming and costly. Settlement saves both sides time and money.
Trial
Most cases don’t go to trial unless the parties can’t find a way to resolve their differences. A judge adds the case to their docket. Attorneys may send a formal summons to the relevant parties to ensure they show up to testify. In some trials, a judge hears the evidence and makes the decision based on the evidence. In others, the attorneys choose a jury, and they make the decision.
Final documents & dismissal
Whether the case settles or goes to trial, the attorneys must complete the final paperwork.
- The plaintiff signs a release, documenting the agreed-upon settlement.
- The defendant’s insurer/self-insured entity issues a check for the settlement or judgment.
- The plaintiff’s attorney receives a check and files documents dismissing the case.
- The plaintiff’s attorney deposits the check, deducts their contingency fee, and sends the plaintiff the balance.
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Connecticut Motor Vehicle Accident Attorneys
If you’re injured in an accident, contact a Connecticut motor vehicle accident attorney as soon as possible. When you schedule a consultation, you can learn more about your legal options and discuss the value of your claim. A law firm can take immediate steps to protect your rights. Scheduling a consultation doesn’t obligate you to make a claim or file a lawsuit.
