Today We Are Going To Kow How to Calculate Personal Injury Damages In This Article
Right after an accident, you will see an adjuster from the insurance company. He or she will calculate Personal Injury Damages for the compensation.
However, you do not have to rely on the adjuster’s calculation anymore. We have revealed the secrets of calculation and assessment of general damages in personal injury cases. You can now calculate the compensation and claim it with the aid of Personal Injury Lawyers.
What are Personal Injury Damages
It is essential to know the types of damages while you are about to calculate Personal Injury Damages. There are special damages and general damages.
1. Special Damages
These are measurable damages. Thus, all the financial losses fall under this type. It includes the money you have lost and will lose in the future due to the negligence of the party at fault.
The medical expenses lost wages (past and present), and other financial losses are included in this category.
2. General Damages
All the non-financial damages are included in the General type. All of the intangible losses that you have endured for the negligence of the party at fault will be counted as General Damages.
Typically, the general damages include pain and suffering, as well as emotional trauma.
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How to Calculate Personal Injury Damages Cases
How to Calculate Personal Injury Damages Explained Below
Many factors are involved in the area of calculating damages in personal injury cases. However, the different types of damages require particular factors for the calculation.
1. Special Damages Calculation
Calculating Special Damages are easier than General Damages. You have to consider the following to calculate the exact monetary amount.
- All the Medical Bills. It should include the expenses for therapy, rehabilitation, and nursing care. If you had any tests like CT scan, MRI, or X-ray, do not forget to include that
- The lost wages from past and future due to personal injury
- During the period of your incapacitated stage, all the replacement costs. It may include housekeeping, childcare, and yard work
- All the out-of-pocket costs for transportation to a medical facility, medication, and any assistive tools
- Value of all the damaged or lost personal items
The total of all these items will act as the base for your personal injury damage claim. Thus, you need to include all the details expenditure relevant to the event or accident.
Make sure you include the medical bill, even if your healthcare plan covers it. A personal injury claim won’t go far without the medical expenses records.
2. General Damages Calculation
It is more complex to calculate Personal Injury Damages in the case of General Damages. As the losses are intangible, it requires a careful review of the following factors.
- Physical Pains and Aches
- Emotional Stress
- Loss of Consortium
- Depression and Anxiety
- Concentration Deficiency
- Loss of Sleep Persistently
In the case of mild or moderate injury claims, insurance companies will accept the one or two multiple of the total of Special Damages as your General Damage.
If the injury is severe, it is better to get legal advice from an attorney specialized in the area of personal injury.
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Factors Affecting the Assessment of Personal Injury Damages
If you are the injury victim, there is a good possibility that the judge will give the verdict in your favor. Thus, the insurance company adjuster will offer more to settle the personal injury litigation out of court.
In Personal Injury Damage cases, this location-specific settlement is also known as “venue.”
2. Limit of the Policy
Policy Limit plays a vital role in calculating damages in personal injury cases. If your injury claim is higher than the policy limit, you have to go for a personal injury lawsuit. The lawsuit will be against the person at fault to fulfill the difference between claim and limit.
Some adjusters will try to shift some of the blame on you for the circumstances of your own pain and suffering. There are a few states, and the insurance will deny your claim if you are equally or more to blame than the insured amount.
These rules are known as 50% or 51% rules, respectively.
4. Additional Medical Bills
Don’t expect that the insurance company will cover all the expenses of the medical treatment. The adjuster will take out any excess cost pumped up by the injury doctor.
The insurance company will assess the medical expenses and cut off any excess tests and treatments.
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The total of Special Damages and General Damages is the estimated value of your claim. Therefore, you need to consider even the minute expenses while you are about to calculate personal injury damages.
If you want the maximum possible claim, hire a competent attorney to help you in the assessment of Personal Injury Damages.
We Learned How to Calculate Personal Injury Damages