If you encounter any accident due to someone else’s negligence, you have a legal right to file a personal injury case. The primary focus of the case is to get fair compensation for your injuries and losses.
However, filing a personal injury claim and ensuring that things stay in your favor can be challenging. If not handled properly, the complexities of the case can worsen things for you. You may have to wait for years until your claim gets settled or, worse, not get compensated at all.
That’s why make sure you take every step very seriously and carefully while filing your case. The first one is to calculate your settlement amount.
What is it?
If you are injured during the accident, you need to know that you are legally entitled to reimbursement of all the medical damages. You can claim compensation for medical charges for an ambulance, doctors, X-rays, medication, and many more.
Calculating the personal injury settlement amount beforehand strengthens your lawsuit. It also helps your personal injury lawyer draft their negotiation strategies. In order to get reimbursement for your medical damages, it is essential to have an accurate amount.
How to calculate your personal injury claim?
Calculating an accurate settlement amount can be a daunting task. You need to consider several factors while determining the total amount you are owed. Many attorneys and insurance companies use a standard formula to estimate the total value of the compensation. They use different values representing special and general damages, respectively.
And here’s how you can calculate each one of them
- Special damages
Out of the two, special damages are the easiest to calculate. It typically includes the total cost to repair the damaged property. This means that you can claim full reimbursement for any expense you had to incur due to your injury. The damage amount includes medication, therapies, and cost of living. You can also claim compensation for your lost wages or future incomes.
You need to keep records of all such expenditures and prepare a financial statement by adding them.
- General damages
General damages are intended to compensate for your non-monetary injuries such as mental trauma and disturbance. This typically means that you can claim financial compensation for your pain and suffering. Since you can’t put a monetary value on your emotion, it can be tough to calculate general damages.
The final amount is calculated by taking these factors into account.
- The severity of your injuries
- Amount of pain you’ve endured
- Total recovery time
- Disruptions in your personal and professional life.
Depending on the severity of your situation, insurance companies and attorneys often multiply the total medical damage by a factor of 1.5 to 5. The formula helps them to achieve a reasonable amount to negotiate general damages. The professionals may also take into account the permanent effects of the injury on your life while calculating general damage.
In the end,
Not paying attention while calculating your settlement amount can complicate your lawsuit. Fortunately, the process mentioned above may enlighten you about the ways of negotiating a fair settlement.
