How to Assess Damages in a Personal Injury Case
When it comes to a personal injury claim, your experienced attorney will use a specific formula for the calculation of damages and financial losses you sustained during the accident.
The formula is actually relatively simple on the face of things, and it begins with the addition of the medical bills as a result of the injury.
These are referred to as “special medical damages.”
All the other damages (social, emotional, etc.) are then named “general damages”. Depending on the severity and painfulness of the injury, an insurance adjuster will multiply the special medical damages by either 1.5 or 5.
We’ve all experienced some sort of injury in our lives.
However, when that injury is not our fault, we always look for someone to blame.
And if that particular person caused that injury as a result of negligence…
Well…
You are entitled to fair compensation from their insurance company.
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This is a common case that often involves occupational injuries or car accidents, and some people can claim thousands in compensation.
However, if you have experience in such a case, how do you work out how much you’re owed?
That’s where personal injury attorneys come in.
They will use a dedicated formula to work out the personal injury damages and what the at-fault party owes for your losses.
In this article, we will explore how damages are assessed so you know exactly how it works if you’re thinking about filing a personal injury claim.
The (Not So) Secret Formula Used By Lawyers
When it comes to personal injury cases, lawyers will use a specific formula to work out the expenses owed.
A lot of people seem to think this formula is some sort of trade secret.
One that normal people (like me and you) cannot know.
However, it is actually widely discussed, and with a bit of research, you can easily find the exact formula lawyers use to calculate the types of damages.
Why Do We Need a Formula To Work Out Expenses?
If someone is liable for an accident, they will have to pay the injured party for a number of expenses.
Different kinds of losses include:
- Medical bills
- Lost pay from being off work
- Pain and suffering
- Emotional trauma/mental anguish
- Loss of enjoyment of life
- Loss of companionship
- Loss of consortium
- Property damage
- All out-of-pocket expenses and future expenses associated with the accident
Although medical costs for medical treatment can be easily worked out. It is harder to work out the compensation when it comes to non-economic damages.
That is where the formula comes in.
As it can help identify non-economic damages that cannot be accounted for quantitatively.
How Does the Formula Work?
The formula is actually relatively simple on the face of things.
It begins with adding the medical expenses as a result of the injury.
These are referred to as the “special medical damages”.
All the other damages (social, emotional, etc.) are then named “general damages”.
Depending on the severity and painfulness of the injury, an insurance adjuster will multiply the special medical damages by either 1.5 or 5.
Now:
Once all this is completed, the total will be the starting price from which negotiations will begin.
Final Words
Nobody likes to be in an accident.
Especially one that results in severe injury and pain.
However:
If the accident wasn’t your fault and you suffered a physical and financial impact that decreased your quality of life, you deserve to be compensated for your current and future losses.
Receiving maximum compensation is ultimately achieved when you obtain legal advice and hire legal representation to handle your personal injury lawsuit.
Using the above formula…
A lawyer will be able to determine the amount of economic damages and non-economic damages that you are entitled to receive.
Being involved in an auto accident can have negative impacts on your daily life with physical pain, emotional pain, and extensive monetary damages.
You should not have to suffer through the claims process on your own.
When you schedule a free personal injury evaluation at one of our injury clinics, we will refer you to an accident attorney with legal experience helping accident victims file insurance claims.
All of the law firms that we work with have years of experience providing expert legal representation to personal injury victims.
Contact our clinic to schedule a free injury consultation and we will put you in touch with legal professionals who will make sure all of your bills are covered.
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