averagesettlementlawsuitclaims - Tumblr blog

[averagesettlementlawsuitclaims]

What Is The Average Wrongful Death Lawsuits Settlement Amount https://t.co/DWSaUpi2Vm via https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

What Is The Average Car Accident Settlement Amount https://t.co/Lt2ufJN8Ek via https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

Average Settlement For Harassment Lawsuit https://t.co/7mZC5PCQS6 via https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

Factors That Determine Average Settlement Offers during Mediation https://t.co/Dy5j6QWUrr via https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

Workers Comp Settlement For Bulging Disc https://t.co/qu9MeRUFlt via https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

What Is The Average Wrongful Death Lawsuits Settlement Amount https://t.co/HEBbAYuKuh via https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

What Is The Average Car Accident Settlement Amount https://t.co/aXCyjLrScs via https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

What Is The Average Wrongful Death Lawsuits Settlement Amount https://www.averagesettlementlawsuitclaims.com/wrongful-death-lawsuits/ eric Average Settlement Lawsuit Claims

What Is The Average Wrongful Death Lawsuits Settlement Amount https://www.averagesettlementlawsuitclaims.com/wrongful-death-lawsuits/ eric

The sudden demise of a loved is usually more than devastating – the kind of losses that can never be quantified monetarily. However, there are specific provisions in sections of the law that allows the families whose kin has been negligently or wrongfully killed to claim for an “equivalent” value of the deceased’s life.

Quite a number of factors will be considered, but before we delve into the specifics, it is important to know how death can be classified as wrongful.

Understanding what a wrongful death is

A wrongful death lawsuit is a claim brought by surviving family members against a person that can be held responsible for the death. The death could be as a result of injury, homicide, medical malpractice, accident or negligence of another party.

It is always painful and uncomfortable to attach an economic value to a lost life, but when the surviving spouse and other family members are left financially vulnerable due to unexpected death where another party can be held responsible, it becomes the only option to remediate the situation.

A lot of people find themselves with huge burdens of medical bills, funeral costs, and additional financial obligations such as taking care of the children of the deceased. For these and other reasons, the surviving spouses or relatives find some quantum of solace in seeking monetary recovery through such lawsuits.

The amount of settlement

In trying to understand the average settlement for wrongful death suits, it is important to remember that it is impossible to attach a dollar value to the life of a person.

Due to this, the amount of settlement takes into consideration many factors and the factors will vary considerably based on the circumstances and the uniqueness of each case. Some of the relevant factors considered in the determination of the settlement include:

The age and health of the deceased at the time of death

The earning capacity of the dead

The income of the deceased at the time of death

The training and education of the deceased

The age and circumstances of the deceased’s loved ones

The value of lost benefits such as health insurance and pension

Wrongful death settlements awarded in the recent past

To give you a glimpse into the variations and average settlements that can be expected for wrongful deaths, below are examples of some settlements awarded in the recent past:

$150 million for a 13-year-old who witnessed the demise of her whole family in a car accident.

$1.5 million for the family of Michael Brown who was shot and killed by Police in Ferguson.

$32.3 million for a woman who died after a motorist drove into the store she was working at.

$500,000 for a family of a man shot dead by police in California

$950,000 for the parents of a 15-year-old girl who committed suicide because of bullying by peers.

In considering the amounts of the above damages, it is not just ballpark estimates that were given. They had to be supported by objective evidence and economists, and expert witnesses may have been called upon to look at the various circumstances to help the jury in coming up with appropriate compensation.

…

http://ifttt.com/images/no_image_card.png December 30, 2017 at 11:51PM Average Settlement Lawsuit Claims https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

Understand The Workplace Harassment Lawsuit Settlements https://www.averagesettlementlawsuitclaims.com/harassment-lawsuit/ eric Average Settlement Lawsuit Claims

Understand The Workplace Harassment Lawsuit Settlements https://www.averagesettlementlawsuitclaims.com/harassment-lawsuit/ eric

Harassment lawsuits are not cheap, and this is why most employers prefer out-of-court settlements to save them the time and expenses of having to defend their employment practice before a jury or the court of public opinion.

The United States Equal Employment and Opportunity Commission, the body mandated with enforcing employment laws, records over 15,000 workplace harassment cases every year, and approximately 10% of those claims end up settled.

The average amount recovered per case, however, will vary from one case to another and will also be much dependent on whether or not the case reached trial. Of all the cases, the ones that reach trial and are successfully litigated by the victims usually end up with relatively larger settlements compared to those settled out-of-court.

How the amount of settlement is determined

There is no exact science or formula on how the pain and suffering suffered by the victim of harassment can be quantified in monetary terms. As such, there is no fixed way of determining how settlements in harassment lawsuits are determined.

Many factors are taken into consideration when determining the amount. In most cases, some of the commonly considered factors include:

Lost wages – if the victim has been earning $70,000 and had to stop working due to the harassment, they can sue for this amount. And if they have been out of employment for more than two years as a result of the harassment, they may also sue for a three year’s salary.

The cost of therapy and medical bills if any.

Pain and suffering due to the harassment – there is no fixed amount to this, but will mostly be around the same amount as the victim’s annual salary.

Any other expenses incurred because of the harassment.

With all the above factors constant, there are certain types of harassment lawsuits that tend to translate into higher payouts than the rest. For example, egregious cases such as those involving groping or assault with robust and compelling evidence such as texts, phone or email records will always result in higher settlements.

Some lawyers, however, will try to give an estimation of the settlement amount based on their chances of winning a monetary judgment following the trial.

What about the case of the wealthy and the famous?

Things tend to be a bit different if the accused is wealthy or famous, like the case of O’Reilly and Weinstein which is still fresh in most people’s minds. Such people typically have no problem in paying higher settlement amounts to buy the victim’s silence.

O’Reilly, for instance, paid a massive $32 million in settlements while Weinstein paid between $80,000 and $150,000 to most of the women who accused him of sexual harassment.

Just to clear things up, in the case of sexual harassment, a sexual harassment lawsuit must be directed at companies and not individuals, under the federal laws. Companies are therefore the entities responsible for paying the settlements.

However, state laws vary and when the cases are solved out of courts – such as the case of O’Reilly and Weinstein – such individuals may be free to go around the company sort their mess on their own.

…

http://ifttt.com/images/no_image_card.png December 30, 2017 at 11:36PM Average Settlement Lawsuit Claims https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

What Is The Average Car Accident Settlement Amount https://www.averagesettlementlawsuitclaims.com/car-accident-back-neck/ eric Average Settlement Lawsuit Claims

What Is The Average Car Accident Settlement Amount https://www.averagesettlementlawsuitclaims.com/car-accident-back-neck/ eric

There is no exact method in the determination of the precise amount of money you may be awarded as a settlement for a car accident. As a rule of thumb, the average amount of settlement you can get for a car accident is to assume three times the cost of medical bills.

The unknown factor in coming with the final amount, however, is the amount awarded for pain and suffering. Because your insurance will take care of the medical bills and the cost of repairing or replacing the car, pain, and suffering is the only part that will be left for the courts to determine and in doing so, the judge will consider factors such as:

The loss of income due to time spent in the hospital or in rehabilitation

The nature and severity of the accident

Any pre-existing conditions

Duration of therapy

The kind and nature of treated received

The type of injury diagnosed

If the accident was not your fault, then the settlement is likely to be larger. You should, however, know that no settlement will be made before you are finished with your medical treatment, and you should also determine if you have any permanent injuries as a result of the crash.

How the amount of pain and suffering is calculated

Since payment for pain and suffering is the greatest variable in the determination of settlement for accidents, it is worth knowing some of the approaches used to determine this amount. In most cases, the following two methods are used:

The Multiplier Method

This is one of the standard approaches for estimating the damages for pains and suffering. With it, the expenses for medical bills and lost income is multiplied by an arbitrary figure of between 2 and 4.

For example, if you had a car accident and your medical bills were $5000 and income loss was $4000, your expenses will be $9000. Depending on other merits of the case, the final settlement may be between $18,000(2 times cost) and $36,000 (4 times cost). The other factors that might increase the multiplier include:

The nature of the injury

The time taken for recovery

Whether or not the injury is permanent

The presence of aggravating conditions during the accident such as driving under the influence or drunk driving.

The Per Diem Method

With this approach, the pain and suffering compensation is calculated on a per diem/per day basis. For example, if your medical expenses were $15,000 and income loss was $10,000, and assuming that you got treatment for a total of three months, the amount would be assigned to each day, and this is what would be used in the calculation of pain and suffering.

Settlement for back and neck injuries in car accident

There is no much difference in the determination of settlements for these types of injuries and the other accident injuries. Neck and back injuries always go together, and similar factors such as the nature of the injury, loss of income, severity of the injury, duration of therapy and preexisting conditions amongst other will always be considered.

Since these usually are interlinked, be sure to contact your lawyer so that you know exactly what you are entitled to claim for to increase your chances of getting a reasonable settlement.

…

http://ifttt.com/images/no_image_card.png December 30, 2017 at 11:47PM Average Settlement Lawsuit Claims https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

Factors That Determine Average Settlement Offers during Mediation https://www.averagesettlementlawsuitclaims.com/mediation-offers/ eric Average Settlement Lawsuit Claims

Factors That Determine Average Settlement Offers during Mediation https://www.averagesettlementlawsuitclaims.com/mediation-offers/ eric

Mediation is one of the two approaches used to reach settlements, with the other one being a full trial in a court of law. Mediation is normally preferred by parties when they are fully convinced that if the case reaches a full hearing, then they will have slim chances of winning.

Through mediation, therefore, they save time and money as well as the public scrutiny into their conduct which they may have been exposed to during the trial. Mediation also gives them an opportunity to pay slightly lower amounts in settlements compared to when the jury decides the case. However, the average settlement offers during mediation are widely skewed due to many reasons. Some of them are as discussed below-:

Diversity of cases settled by mediation

The main reason why a party would agree to a mediation process is so that they don’t waste a lot of time and money if the case gets before a jury. There is a wide variety of cases that could be solved through mediation, and since not all cases have the same weight and merits in the eyes of the law, it is difficult to apply the same settlement to all of them.

For instance, a sexual harassment case and cases involving hostile work environments are sometimes solved through mediation when the accused parties are afraid of losing at a full trial. These two types of cases are different and will not usually result in the same settlement even if they were to proceed to trial. Even in mediation, therefore, they will attract very different settlements.

Willingness of the participant to compromise their position

A mediation process will only be successful if both parties agree. If this is not the case, a full trial will be imminent. In a typical mediation process, the accused will be given a chance to make an offer, which will then be countered by the accuser. The settlement that will finally be agreed upon will be based on each party’s willingness to compromise their position.

For example, in a sexual harassment case, the accused may agree to pay $100, 000 to buy the silences of the victim, but the victim may decide that they want a higher figure, maybe $130,000 so as not to proceed for full trial. For them to avoid trial, they will both have to settle for a sum they had not initially stated, and this is where the compromise comes in.

The time of the mediation

Mediation will in most of the times come at the early stages of the case. It is when mediation fails that the case will proceed to full trial, though there are instances when the concerned parties can decide to withdraw the case amidst trial and resort to mediation. When mediation comes in as the very first process, the average settlement value will be lower. However, if mediation comes in amidst trial, the average compensation is likely to be very high.

This is because when the accused requests the plaintiff to withdraw the case amidst trial, they have sensed defeat, and are trying to salvage the amount of money they are likely to give in the settlement. At this point, the plaintiff is very confident of a win and will without a doubt ask for a huge settlement knowing that the defendant is cornered and has no options but to pay.

The other factors that may potentially determine the average settlement offer during mediation include the mediator’s perspective, the authority to settle, the clients’ participation and the preparation of both parties for the negotiation.

…

http://ifttt.com/images/no_image_card.png December 30, 2017 at 11:31PM Average Settlement Lawsuit Claims https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

Understand The Workplace Harassment Lawsuit Settlements https://t.co/7iflzzOuP8 via https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

Factors That Determine Average Settlement Offers during Mediation https://t.co/KOjd5M59M2 via https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

Workers Comp Settlement For Bulging Disc https://t.co/to8eSO5Ou6 via https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

Workers Comp Settlement For Bulging Disc https://www.averagesettlementlawsuitclaims.com/bulging-disc/ eric Average Settlement Lawsuit Claims

Workers Comp Settlement For Bulging Disc https://www.averagesettlementlawsuitclaims.com/bulging-disc/ eric

A bulging disc refers to a medical condition where the sponge-like, oval-shaped tissues between the vertebrae get affected. The discs are made of a fibrous outer layer of tissues which surrounds a gel-like center, and they function as shock absorbers for the spine.

The condition can be caused by many types of accidents, including car accidents and truck wrecks. If your bulging disc is injured due to the fault of another person, you may be entitled to damages.

The average settlement amount in the United States

The amount of settlement you may get from a bulging disc settlement varies on a number of factors. In other words, no fixed amount can be referenced with absolute certainty.

The final settlement amount will depend on factors such as the degree of liability on the part of the responsible party, the nature and severity of the injury, the existence of prior back injuries, previous claims filed before, and the cost of treatment amongst others.

Unlike settlements for other expensive medical treatments such as herniated discs, the hard reality about bulged disc cases is that the settlements are statistically less. The average jury award for bulging disc cases in America today is around $340,310, while the average jury award for herniated disc cases is $414, 917.

Implications of a pre-existing injury

The settlement of many of the bulging disc injuries does get complicated when there is an existing injury or due to degenerative disc disease. If the plaintiff proves that the bulging disc injury aggravated a preexisting disc injury or back injury, then the average award would be about $152, 935 and for degenerative disc disease, the average jury award is about $51, 678.

For you to attract large settlements in instances of preexisting injuries, you must explain to the jury the difference in the level of pain and suffering experienced by the victim now and how it would have been if the accident didn’t occur.

This is where the huge disparity in a settlement when there is a preexisting condition comes in. It is always not easy for the defendant to prove the pre-existence of the condition before the accident.

Plaintiff’s Lawyer’s Input in settlement of bulging discs

That bulging disc cases are diverse and the settlement varies greatly is not disputable. However, there are instances when the plaintiff’s lawyer can lead to lower or higher settlements.

For the low settlements, it has been observed that sometimes the plaintiff’s lawyers fail to appreciate the science behind bulging disc, and consequently, they fail to line up appropriate experts to explain to explain to the jury just how the condition is painful and the full extent of suffering the victim has undergone, including the expected changes in lifestyle such as lifelong pain, costly medical treatments, permanent tissue injuries, and maybe impairing the victim to a point where they have to change stop working or change jobs in order to continue earning a living.

Therefore, it is possible to estimate the value of settlement for bulging disc, but you can’t determine the exact value. If you are a victim, the prudent thing would be to hire a competent attorney to argue your case and help you have the best possible settlement for your pain and suffering.

…

https://www.averagesettlementlawsuitclaims.com/wp-content/uploads/2017/12/photo-of-bulging-discs-300x157.jpg December 30, 2017 at 11:25PM Average Settlement Lawsuit Claims https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

How To Claim Job Seekers Allowance (JSA) https://t.co/iDXXqTYH3u via https://www.averagesettlementlawsuitclaims.com

[averagesettlementlawsuitclaims]

Claiming Carer’s Allowance https://t.co/wOx5lsKSbU via https://www.averagesettlementlawsuitclaims.com