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What You Can Expect As Your Personal Injury Settlement

As you may well know, personal injury victims that have suffered from the action or inaction of a third party are entitled to recover damages in the form of a monetary settlement as compensation for their injuries. This final settlement will be either determined out of the court system, by direct negotiation with insurance companies or, if traction arises between insurance company interest and your true entitlement to damages, then your case will be settled though the court system through a settlement conference or trial thereof. Recoverable damages for personal injury claims include:

  • Medical expenses
  • Wage loss
  • Pain and suffering
  • Mental anguish
  • Loss of earning capacity
  • Loss of consortium
  • Property damage

We at Foster Law Offices pride ourselves in having the extensive professional knowledge required in negotiating with insurance companies to get you the money you deserve without entering into costly litigation. However, if your claim requires the involvement of the court system, our experienced legal team will fight every step of the way to ensure that your claim settles for the amount you deserve. And don't worry, even if your case does require extensive litigation, the attorney's fees and costs will be covered by your settlement, so the money you put in your pocket will not be diminished. A sample settlement breakdown is as follows:

Total Monetary settlement:

                Includes money allocated for-

                                Insurance lien on medical expenses

                                Attorney's fees and costs

Your net settlement (money in your pocket) will reflect these deductions and in theory equal the value of your non-economic damages, i.e.  

  •   Mental Anguish
  •  Pain and suffering
  •  Emotional distress
  •  Loss of consortium
  •  Disability
  •  Disfigurement
  •  Decrease in quality of life

Unfortunately, due to the way insurance company profits are structured, they will often contest as to the validity and value of every specific damage claim you bring against their insured. (See Insurance Company Agenda for more details). Fortunately, we have seen it all and have the savvy and tenacity to not only force their acquiescence to your damage claims but even reduce their claim to medical expense liens which will ultimately leave you with more money in your pocket.


To schedule a consultation to discuss a personal injury claim in Hawaii, please contact us today at (808) 348-7800 or by completing the "Contact Our Firm" box to the right of this and every page and retain Jeffrey Foster as your Hawaii personal injury attorney. 

Our primary office is located in South Kona on the Big Island of Hawaii. However, we work to help the entire Big Island community as well as our neighbors on Kauai, Oahu, Molokai and Maui with information and representation in all types of personal injury claims.