You have been injured and it looks like you have a strong case on liability. As you work with your attorney toward resolution of your personal injury claim, once liability is established, you must determine a value for your claim as well, so that you can move toward settlement or another resolution mechanism.
Most personal injury cases are settled before trial. Some are settled before a lawsuit is filed, while some are settled during the litigation process. As a case unfolds, issues of liability and damages and possible defenses to a personal injury claim unfold. Parties, their attorneys, judges, and insurance claims adjustors all work toward resolution. There are several settlement opportunities during the course of a personal injury claim.
Accidents happen and injuries result. But not all injuries are compensable under the law. Negligence is a legal concept that courts have invented over time to determine which injuries are compensable and which are not. All legal elements, or parts, of negligence must be met in order to have a cause of action for negligence. In essence, negligence consists of duty, breach, causation and damages. All of these elements are linked.