The vast majority of Massachusetts personal injury cases, car accident cases, and workers’ compensation cases settle. Many people that have an open case understandably are curious on how to know if a settlement offer is fair. Here are some factors to consider.
Any settlement (assuming liability is clear) should pay all of your medical bills. Whether it is an ambulance, hospital, physical therapy, or chiropractic bill, they all should be paid as part of any settlement.
A fair settlement also pays for any lost wages or loss of earning capacity. If you missed time from work and were not paid for it, or, your ability to earn the same wages is limited, then these losses should be part of any settlement.
Pain and suffering is often the largest element of any personal injury settlement. Pain and suffering is not available for workers’ compensation cases in Massachusetts. Pain and suffering is usually one of the most difficult to determine, and that is what all insurance adjusters and personal injury attorneys typically disagree on.
If you are considering settling your case, you don’t have to worry about paying any federal or state taxes. That is because these settlements are not considered income because they are intended to simply compensate, or make whole, the victim of the accident.