It's More To Us, It's Personal

Key Takeaways

Personal injury law covers a wide range of cases.
Settlement amounts change based on the injury, the liability, and the attorney's experience.
Settlements are negotiated between attorneys and the insurance company.
A victim can receive economic damages and non-economic damages.
To calculate pain and suffering damages, many factors are considered.

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What is Fair Compensation for Personal Injury?

Key Takeaways

Personal injury law covers a wide range of cases.
Settlement amounts change based on the injury, the liability, and the attorney's experience.
Settlements are negotiated between attorneys and the insurance company.
A victim can receive economic damages and non-economic damages.
To calculate pain and suffering damages, many factors are considered.

When it comes to personal injury, there can be a profound impact on you or your loved one’s physical and emotional well-being. A simple apology is not enough to make up for the injuries you have endured and the financial stress of missing work to spend another day at a doctor’s office. If you have been injured in an accident that was caused by another person’s negligence, you could be entitled to compensation for your economic and non-economic damages.

It can be difficult, however, to understand what constitutes fair compensation in your personal injury case. These situations are often complex. Insurance companies will attempt to settle your claim for the minimum amount possible, using an index of well-practiced tactics to do so, leaving you struggling to pay for your medical expenses, emotional trauma, and other damages. To an insurance adjuster, you are simply just another file in their computer, and your pain is just data to them. They are only working to make their numbers work, never truly giving your issues the time of day, which is why hiring a personal injury attorney is so important.

In order to understand what you should seek in a personal injury case, you need to understand the concept of fair compensation for personal injury, as well as the factors that can impact the settlement amount. Below we offer tips for navigating the settlement process and ensuring that you receive the compensation you deserve.

What is personal injury?

Personal injury law encompasses physical harm caused to an individual and includes cases such as defective products, auto accidents, dog bites, nursing home abuse, and wrongful death. A personal injury lawyer is a trial lawyer who represents clients that have suffered harm due to intentional, accidental, or negligent actions or wrongdoings of other individuals. Wettermark Keith's personal injury lawyers have significant experience in various practice areas and are dedicated to advocating for clients who seek their services.

Personal Injury Settlement Amounts

Personal injury settlement amounts vary widely depending on several factors, which includes the severity of the injury, the extent of the damages, the liability of the parties involved, and the experience of the attorneys handling the case. It is likely that more severe injuries result in significant damages, such as medical bills, lost wages, and pain and suffering; in turn, these will result in higher settlement amounts.

Additionally, in cases where the liability is clear and the responsible party has significant insurance coverage, then this may also result in higher settlements. But, there is no set formula for calculating the amount a victim will receive in a personal injury settlement. Each case is unique and every attorney handles cases differently. This is why it’s important to hire an experienced personal injury attorney, like ours from Wettermark Keith, who can help you understand the details of your case and use that to negotiate a fair settlement on your behalf.

What types of damages can you receive compensation for in a personal injury case?

There are two types of categories of damages you can receive in a personal injury case: economic damages and non-economic damages. Economic damages are financial losses that a victim has suffered due to their injury. These include:

Medical expenses
This includes the cost of medical treatments, surgeries, rehab, and ongoing care.

Lost income
This will pay for any time you have lost at work due to the injury.

Property damage
If you had any property damage then you may be able to receive compensation to replace it.

Out of pocket expenses
This can include transportation to and from your appointments, home modifications needed for your injury, or other items.

Non-economic damages often compensate for pain and suffering, along with other intangible injuries. These damages include:

Pain and suffering
This includes any compensation for pain and emotional distress felt during or after the injury occurred.

Loss of enjoyment
This compensation is for the loss of ability to participate in activities you previously enjoyed, like hobbies and spending time with family.

Loss of consortium
This compensates you directly for the impact the injury had on your relationship with your spouse or partner.

It is essential to contact a personal injury lawyer from Wettermark Keith to fully understand all your options with your case.

How do personal injury settlements work?

Personal injury settlements are typically negotiated between the injured party’s attorneys and the at-fault party's insurance company or legal representatives. Overall, the process involves determining the amount of compensation the victim is entitled to for their injuries. These damages include medical expenses, lost wages, pain and suffering, and more.

To begin the settlement process, the injured party will contact a lawyer who will file a claim with the at-fault party's insurance company. The insurance company will then investigate the claim and may offer a settlement to the injured party. However, the initial settlement offer is often lower than what the injured party believes they are entitled to receive. If the injured party’s attorney rejects the initial offer, negotiations will typically continue between the two parties until an agreement is reached. This may involve additional documentation or evidence of the damages, such as medical records or receipts for expenses.

Once a settlement is agreed upon, the victim will sign a release form, which prevents them from pursuing any further legal action against the negligent party for the same injury. The settlement payment is normally made in a lump sum, but can also be arranged as a structured settlement, which provides regular payments over a set period of time. In order to have a successful outcome, you need to consult with an experienced personal injury attorney from Wettermark Keith to help navigate the settlement process and ensure that the victim receives just compensation for their damages.

How are pain and suffering damages calculated?

When it comes to pain and suffering damages, many victims are often confused how this can be calculated into monetary compensation. Calculating pain and suffering is a complex process that involves a few factors. This includes the severity and extent of the injuries, the duration of the pain and suffering, the impact on the victim's daily life, the emotional distress caused by the injury, and the long-term effects of the injury. This will often be pulled together using evidence from medical reports, police reports, and victim and witness statements.

In some cases, the insurance company or the court may use a multiplier to calculate the pain and suffering damages. This involves multiplying the economic damages, such as medical bills and lost wages, by a certain number, usually between 1.5 and 5, depending on the severity of the injuries and the impact on the victim's life. For example, if the economic damages are $100,000 and the multiplier is 3, the pain and suffering damages would be $300,000. However, this method is not always accurate and the final amount is often calculated on a case-by-case basis.


Understanding the various types of injuries that occur in a motorcycle accident is essential for riders to take proper safety precautions and make informed decisions about their riding habits. The most common motorcycle accidents include:

Road rash is a common injury that occurs when a motorcycle rider falls and slides across the surface of the road. The injury that results is an abrasion from friction between the rider's skin and the pavement. Injuries from road rash can range from mild to severe, depending on the length and severity of your contact with the road, as well as the speed you were going when you were knocked off your motorcycle.If you’re lucky, road rash may only cause minor scrapes, bruises, or irritation; although, in more severe cases, a layer of your skin can be completely scraped away, exposing the underlying tissue and muscle. Road rash causes significant pain, swelling, and bleeding, and often requires medical attention, including treatments to prevent infection. In the event of a crash or fall, it is important to seek medical attention as soon as possible and keep the wound clean and protected to avoid infection.

A fracture is a break or crack in a bone, and can range in severity from a hairline fracture to a complete break. In motorcycle accidents, fractures often occur as a result of the rider being thrown from the bike or colliding with another object. The impact of the crash can cause significant force to be applied to the rider's body, leading to fractures in bones such as the arms, legs, hips, and pelvis.
Motorcycle riders are particularly vulnerable to fractures due to the lack of protection provided by the bike, since motorcycle riders are exposed to the full force of the impact. Fractures can be very painful and can require a significant amount of time to heal. Treatment for fractures may involve immobilizing the affected limb with a cast or brace, and in some cases, surgery may be necessary to realign the bones. They can also lead to long-term complications such as chronic pain, reduced mobility, and arthritis.

Head injuries are a common and potentially serious type of injury that can occur in motorcycle accidents. The head is particularly vulnerable in motorcycle accidents because the rider is often exposed without any protective barriers to absorb or deflect the impact of a collision. The best way to prevent a head injury is by wearing the proper protective gear, like a helmet; yet, this does not guarantee total safety from a head injury when hit with extreme force. Symptoms include loss of consciousness, dizziness, headache, confusion, difficulty speaking or understanding speech, and memory loss. Sometimes symptoms may not appear until several hours or even days after the accident. In addition to the physical symptoms, head injuries can also have long-term consequences such as cognitive impairment, personality changes, and chronic headaches.

Head injuries can range in severity from minor concussions to traumatic brain injuries (TBI), which can be life-threatening. In fact, motorcycle accidents are a leading cause of TBIs. A TBI can occur when the brain is forcefully jolted or shaken inside the skull, which can cause bruising, bleeding, or swelling of the brain tissue. The severity of a TBI can vary greatly, depending on the force of the impact and the location of the injury.

The spinal cord is a bundle of nerves that runs down the back and is responsible for transmitting signals between the brain and the rest of the body. It can be injured when the rider's back is impacted or twisted in a way that causes damage to the nerves. Spinal cord injuries can range in severity from mild to severe. This can result in partial or complete paralysis.

The symptoms of a spinal cord injury can vary depending on the location and severity of the injury, and includes loss of sensation, loss of movement, difficulty breathing, and incontinence. Treatment involves immobilization of the area to prevent further damage, and includes surgery to stabilize the spine. Rehabilitation may be necessary to help the patient regain movement and strength in the area. Spinal cord injuries can have an impact on a person's quality of life, and may require ongoing medical care and support.

Soft tissue injuries result from the force of impact in a motorcycle accident, and can range in severity from minor bruises to more serious injuries such as tears or ruptures of the tendons or ligaments. Soft tissue includes muscles, tendons, ligaments, and other connective tissues that surround and support the bones and joints in the body.
Treatment for soft tissue injuries typically involves rest, ice, compression, and elevation of the affected area to reduce swelling and pain. In severe cases, physical therapy or surgery may be necessary to repair the damaged tissue and restore function.

Internal damage refers to damage that occurs to organs or other internal structures within the body. These include injuries such as internal bleeding, organ damage, and internal fractures. Internal injuries can be difficult to detect and may not be immediately apparent after a motorcycle accident. These injuries can be life-threatening if left untreated. Some common types of internal injuries are internal bleeding, organ damage, and internal fractures.
Treatment for internal injuries typically involves prompt medical attention to assess the extent of the damage and provide appropriate treatment. This may involve surgery to repair damaged organs or stop internal bleeding, as well as other supportive care such as oxygen therapy or medication to manage pain and other symptoms.

Burns can result from contact with hot surfaces such as the engine, exhaust pipes, or exposure to flames in the event of a fire during an accident. There are three main types of burns: first-degree burns, second-degree burns, and third-degree burns.
Burns can be extremely painful and may require medical attention to manage pain and prevent infection. Treatment may include topical ointments or creams to reduce pain and promote healing, or more advanced treatments such as skin grafts for more severe burns.

Amputations occur when a limb or body part is completely or partially severed from the body, often as a result of the force of impact in a collision. They have serious physical and psychological consequences for the victim, including long-term disability and emotional trauma. Treatment for amputations typically involves surgical intervention to clean and repair the injury, as well as rehabilitation to help the individual adjust to life with a missing limb.
Prompt medical attention is critical to prevent infection and other complications. Rehabilitation can include physical therapy to help the individual adjust to life with a missing limb, as well as psychological counseling to address the emotional trauma that can accompany such a devastating injury.

Eye injuries can range from minor cuts and bruises to more serious injuries such as a detached retina, which can result in permanent vision loss. Riders are vulnerable to eye injuries because they are exposed to debris and other objects that are thrown up by other vehicles or the road itself. The impact of a collision can also cause eye injuries.
In the event of an eye injury in a motorcycle accident, prompt medical attention is critical to prevent further damage and preserve vision. Treatment may include cleaning the affected area, applying medication or eye drops, or surgical intervention depending on the severity of the injury.

Muscle injuries can range from minor strains and sprains to more severe injuries such as muscle tears or ruptures. This happens when muscles are stretched or torn due to the force of impact in a collision or due to sudden movements or jolts during the accident. Common areas of the body that are susceptible to muscle injuries in motorcycle accidents include the arms, legs, back, and neck.

Treatment for muscle injuries typically involves rest, ice, compression, and elevation (known as the RICE method) to help reduce pain and swelling. Physical therapy and rehabilitation may also be necessary to help the individual regain strength and range of motion in the affected area.

As with any type of vehicle operations, it is important for motorcycle riders to take proper safety precautions when operating their vehicle. Another way to prevent riders' injuries is to wear protective gear to reduce the risk of these and other injuries in the event of a motorcycle accident.

How does the insurance company determine the value of your injuries during a settlement?

Overall, insurance companies use various factors to determine the value of the injuries during a settlement. The more severe the injury, the higher the compensation is likely to be, and the cost of medical treatment and any future medical expenses related to the injury will be taken into consideration. Also, the recovery time and any ongoing disability resulting from the injury will be factored in. When it comes to life after the accident, the extent to which the injury has affected the claimant's daily life, including their ability to work and participate in activities, will be considered.

However, it is important to note that the first offer is made by you and your attorney, which is normally an overshoot of your desired amount. The adjuster often places your evidence, or the data, into a program that spits out the range their company is willing to negotiate between; then, this adjuster works to negotiate the claim with your attorney. This makes your case just another file in the insurance adjuster’s computer, which is what often makes hiring an attorney so important.

If the victim is found to be even partially at fault for the accident that caused the injury, the compensation may be reduced proportionately. Another thing to note is that, the laws and legal precedents of the jurisdiction in which the claim is made may also play a role in determining the value of the injuries.

As mentioned when discussing pain and suffering, the insurance company may use a formula or software to calculate the settlement value based on relevant information. Yet, this calculation may not always result in a fair or adequate settlement for the victims, and it may be necessary for a personal injury attorney to negotiate or litigate to achieve a more favorable outcome. Insurance companies are well versed in the tactics necessary to minimize your settlement, which is their goal as a company– paying you the lowest settlement possible.

After receiving a positive result in your case, who pays out the personal injury settlement?

In many cases, the negligent person's insurance company will be responsible for paying the settlement. The victim's attorney will then take their percentage of the settlement amount, transferring the rest to the victim. Your personal injury attorney can help you understand the specifics of your case and explain how the insurance company will be responsible for paying the settlement.

Wettermark Keith: Personal Injury Attorneys

Wettermark Keith, with offices located throughout Alabama, Tennessee and Florida, has an excellent reputation as one of the most accomplished personal injury firms in the country. Wettermark Keith’s reach is not only regional, but it also includes a diverse range of practice areas, including personal injury cases. Our firm operates on a contingency fee basis, meaning you pay nothing out of pocket. Any legal fees and associated costs will be collected from your winnings at the conclusion of the case. If your attorney is not able to obtain a verdict or settlement for your injury, you will not be charged any legal fees for their efforts.

At Wettermark Keith, we believe in taking cases personally. Our purpose is to practice with care and compassion - to tell our clients’ stories and make their voices heard. We do this by building strong relationships based on constant communication and an unwavering dedication to truth and trust. Winning cases isn’t our goal - caring for you is. Winning is just how we show it. It's more to us, it’s personal.

No Recovery, No Fee!

At Wettermark Keith, we recognize the financial struggles that come with an injury caused by another person's negligence. Our law firm operates on a contingency fee basis. We don’t charge any upfront costs. You will only pay us if we win your case, guaranteed. Our goal is for you to have the most successful outcome possible - let our lawyers take care of the rest!

Frequently Asked Questions

The most common personal injury claims typically involve car accidents, slip and fall accidents, workplace injuries, and medical malpractice. These all can result in a wide range of injuries, including whiplash, broken bones, traumatic brain injuries, misdiagnosis, surgical errors, and medication errors.
Other common types of personal injury claims include product liability, premises liability, and wrongful death. The most common types of personal injury claims can vary depending on the jurisdiction, as well as factors such as the time of year and weather conditions. If you have been injured, you must consult with an experienced attorney from Wettermark Keith to get the compensation you deserve.

The three types of personal injury damages are:

  1. Economic damages: These are damages that can be quantified and are meant to compensate the injured person for financial losses resulting from the injury. These include medical expenses, lost wages or income, and property damage.
  2. Non-economic damages: These are damages that are more subjective and are meant to compensate the injured person for non-monetary losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
  3. Punitive damages: These damages are meant to punish the at-fault party for their behavior and to deter others from engaging in similar conduct in the future.

The chances of winning a personal injury lawsuit can vary greatly depending on the specific circumstances of the case, such as the strength of the evidence, the credibility of witnesses, the severity of the injuries, the skill of the attorneys involved, and the laws and regulations of the state where the case is occurring. Ultimately, the best way to determine the chances of winning a personal injury lawsuit is to consult with a qualified attorney from Wettermark Keith who can provide an idea based on the details of your case.

Injury compensation is calculated by considering various factors such as medical bills, lost income, and the severity of the injury. The compensation amount is usually determined by negotiation or through a court settlement. Several factors such as the strength of evidence, the skill of the legal team, and the insurance coverage of the responsible party can affect the chances of winning a personal injury lawsuit. If you want the best chance of receiving the maximum amount of compensation, you need to hire an attorney from Wettermark Keith to handle your case.

There is no set amount for personal injury settlements as each case is unique and the settlement amount will depend on various factors such as the severity of the injury, the impact on the victim's life, and the amount of damages incurred. Settlements can range from a few thousand dollars to millions of dollars, depending on the specifics of the case. Contacting an attorney from Wettermark Keith will help you understand this answer in regard to the details of your case most efficiently.

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If you or a loved one have been injured and think you might have a case, call us now for a free consultation.