Angela M.The facts of your case and your realistic costs will determine how much to ask for in a personal injury settlement. Depending on the sort of compensation you seek, the amount of your request, and the process for calculating it changes. Because of these circumstances, it is difficult for any legal representative to provide you with an exact estimate of your potential compensation without first reviewing your case.
Methods for Calculating Compensation
Compensation is calculated using a variety of approaches. Solid numbers can be used to calculate specific (or economic) damages. The cost of your medical costs following a car accident, for example, offers you a precise price to request. When calculating how much to ask for in a personal injury settlement, add all of the relevant expenditures together.
There is no objective formula to employ when assessing how much you should ask for compensation for general (or non-economic) losses like pain and suffering. Lawyers typically employ one of two methods: daily or multiplier.
Daily
The daily method calculates the worth of your pain and suffering on a per-day basis, usually based on your annual wage, and then multiplying that value by the number of days it takes to recover.
Multiplier
The multiplier approach multiplies the value of other types of compensation, such as medical expenses, by a fixed number. This number ranges from 1 to 5 and is determined by the severity of your injuries. In civil situations, lawyers frequently employ both strategies.
Expenses
The most difficult component of estimating the amount of compensation to request is deciding what expenses to include. The Journal of Dispute Resolution at the University of Missouri examines this issue in depth, as well as the factors that influence individual instances. You could mention in your request a variety of expenses linked to your recovery:
Medical bills: As part of your compensation package, you may be entitled to bills for any medical care you receive as a result of your case. It’s critical that you have proof of a link between your injuries and the incident that caused them. Proof usually comes in the form of medical records from your healthcare providers.
Property damage: Any personal property that has been damaged or destroyed might be included in your claim. This is a regular occurrence following an automobile collision.
Mental health care: Getting psychological help might be expensive. You can, fortunately, submit the bills for reimbursement.
Physical therapy costs: Many injuries necessitate long-term rehabilitation, which is commonly given by physical therapy.
Lost wages: If you miss work due to your injury, you may be entitled to compensation for lost pay, bonuses, promotions, and other work-related perks.
It’s critical to keep track of any expenses you incur during the rehabilitation process. Many of these costs might be claimed as compensation in a personal injury settlement. Having this paperwork helps determine the appropriate amount to request as damages are much easier. You can receive copies of your bills from your providers if you don’t have all of them.
Potential Compensation
The amount of compensation you are entitled to is usually determined by the severity of your case. Your potential compensation is higher if you suffer severe injuries, have a major impact on your everyday life, or have clearly battled while recuperating from your injuries.
When calculating the amount of compensation to award, judges and juries consider these considerations. They also take into account the acts of the individual who is at fault. You may be able to get a higher sum of compensation if they do something exceptionally reprehensible.
Other Factors
Many factors can influence how much money you ask for in a personal injury settlement. The University of Georgia has conducted research into the various elements that determine settlements and awards. These elements include:
- Injuries’ severity
- The activities of the at-fault party
- Laws that apply
- Precedents
- Effect on day-to-day life
- Long-term consequences
- Disabilities and deformities
- Medical procedures that are required
- Taking the case to trial
- Negotiations
Because each case is unique, determining the amount that victims should seek in a personal injury settlement can be difficult. Working with a lawyer to calculate a more precise value may make the process go more smoothly.
In most civil cases, personal injury lawyers use calculations like this. The strategies they utilize may differ from lawyer to lawyer, yet they all produce similar results. Many lawyers also provide free consultations so that you can seek counsel and guidance without putting your finances at risk.
Personal Injury Case Examples
Although each personal injury case is unique, here are some examples of successful personal injury case outcomes:
Accidents in the construction industry
Workers on a new home construction project were not given sufficient instruction on how to move a wall. A man was severely hurt as a result of the wall collapsing due to a powerful gust of wind. Claims of negligence, negligent supervision, and breach of contract were included in the lawsuit filed on the worker’s behalf. Prior to going to trial, the client received $750,000 through private mediation.
Cases of slipping and falling
After slipping on black ice at a commercial establishment, a client suffered a severe lower leg injury. The man couldn’t work while healing because his profession in information technology needed him to walk. The restaurant and its insurer refused to accept responsibility and cover his medical fees. A jury ruling awarded the client $112,500.
While on her way to a company-sponsored function, a woman stopped at a restaurant. She was hurt as a result of the restaurant’s negligence, but her employer and the restaurant both disputed responsibility, stating she was there for personal reasons. A lawsuit against the eatery and her employer netted her $112,500.
Bite by a dog
After being attacked by a customer’s dog, a delivery driver collected $215,000 in workers’ compensation and injury claims. The client had to have two surgeries and was unable to work as a result. The dog’s owner, who disputed responsibility and claimed the delivery driver was trespassing, was sued by Sherman Law. Private mediation was used to settle the worker compensation and personal injury cases.
Accidents involving vehicles and motorcycles
A man was hurt when a car behind him failed to stop and collided with his motorcycle’s rear tire. The client was flung from the bike, suffering serious injuries, including traumatic brain damage. The motorcyclist was uninsured, and the car driver and her insurance company claimed the rider was to blame for the collision. The driver gave the man $100,000, which was the full amount of the insurance policy maximum.
When a pickup vehicle towing landscape equipment ran through a stop sign, a man, who was a student at the time, was hurt. Because the man was hospitalized and enrolled in a traumatic brain injury program, he was unable to finish his education. The liability coverage was paid in full by the pickup truck’s insurer. The injured guy had underinsured motorist coverage, but his insurer denied that he had suffered injuries that warranted reimbursement beyond that provided by the truck driver’s policy. The individual sued his insurance company, citing breach of contract. After all was said and done, the man received $100,000 from the pickup truck driver’s insurance policy, plus an undisclosed sum.
Sexual Assault
A fellow student sexually molested a juvenile student at a private school. The school and its administrators claimed culpability, but a confidential settlement was negotiated between all parties involved.
A public school administrator/teacher approached a minor pupil for a personal relationship. Emails and text messages were used for communication. Sherman Law sued the school and the administrator, and a confidential settlement was achieved through private mediation.
Please bear in mind that while these are real cases handled by Sherman Law, they are provided for educational purposes only. Every case has its own set of facts and circumstances, and previous success is no promise or assurance of future results.
Personal Injury Frequently Asked Questions:
What Is the Difference Between Personal and Bodily Injury?
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What Are the Three Different Types of Damages?
When you’re thinking about pursuing a civil lawsuit, you’ll probably hear the term “damages” a lot. “What are damages?” you might think. You’re not the only one who feels this way. Many people mistakenly believe that damages refers to bodily harm, but it is actually a legal word that refers to a variety of harms. Damages in civil court…
What Constitutes Suffering and Pain?
In civil cases, a sort of compensation known as pain and suffering is awarded to treat non-economic harms sought in a personal injury claim, according to the journal Law and Human Behavior. When an accident results in injuries that are very severe, for example, a victim may experience agony and suffering as a result of emotional trauma.
How Much Does Pain and Suffering Cost Insurance Companies?
Because there is no standard technique for determining non-economic compensation, how much insurance companies pay for pain and suffering is determined by a variety of criteria. Many insurance companies run their calculations through computer programs. As a result, the amount paid varies greatly depending on the situation and the insurance carrier. What do insurance companies charge…
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Angela M.
