Getting Full Value for Your Injury Settlement
Personal injury case settlements and workers' compensation case settlements are valued very differently.
The value of a personal injury case is generally based on the injured person's medical bills, lost wages (if any), and pain and suffering.
The value of a workers' compensation case is generally based on how much more time the injured person is eligible for workers' comp benefits. The settlement would be a portion of those future benefits up front in a lump sum.
How do you know if you have a personal injury case versus a workers' compensation case? If you were injured due to the negligence of somebody else, then you would want to pursue a personal injury case. If you were injured while at work, no matter who was at fault for the injury (including yourself), then you would want to pursue a workers' compensation claim.
The workers' compensation system is a "no-fault" system, meaning you do not need to prove that someone else caused your injury. On the other hand, personal injury cases require that you prove someone else is at fault for your injury.
Each injury case presents itself with a unique scenario and unique set of facts. An experienced injury attorney will be able to assess what type of claim you should pursue and what settlement amount you should demand.