The Step-by-Step Guide to Calculating Personal Injury Cases • LegalScoops
Learn how to calculate your compensation claim to see if the amount the adjusters are offering you is fair.
It is not always easy to find the amount of money that will adequately represent your loss as there is no specific formula. Each case has special circumstances that make each personal injury case different.
In addition to considering your medical costs and lost wages, you also need to consider pain and emotional distress. The insurers try to pay for the bare minimum. So you need to prove that you deserve the maximum compensation.
Whether you calculate the amount yourself or see a lawyer, this is a step-by-step guide to calculating personal injury.
Requirements for establishing a successful claim for damages
The success of your personal injury depends on whether your injuries were caused by someone else who was at fault. This means that from the moment you are injured, you need to collect evidence to prove it. The evidence must include medical bills, police reports, pictures, and other evidence from the incident.
1. Prove that you are hurt
You will need medical records to prove that you have been injured. Therefore, consult a doctor immediately. If you wait, the insurer can claim that your injury was caused after the incident.
After that, keep a file with all of your medical records and medical bills. Include any other treatments you might need for your injuries, such as: B. Physiotherapy.
2. Show who was to blame
Evidence is essential to prove that the other party was at fault. Make sure you collect police reports, pictures or videos, and testimony from eyewitnesses.
Liability means that the guilty party (or their insurer) is legally responsible and pays the financial cost of your injuries and pain suffered.
3. Gathering Evidence for Complicated Cases
Some personal injury cases are complicated. This includes cases of product liability, claims from the doctor’s office and lawsuits against pharmaceutical companies. In such cases, an attorney is needed to help you gather evidence. The reason is that they often require subpoenas or court orders.
4. Contacting the insurer
Regardless of whether you want to handle the claim alone or with a lawyer, you must send the insurer a letter of notification of your intent as soon as possible after your injury. The insurance company will respond with a “reservation of rights” letter that they will investigate your claim. The letter states that if there is no coverage for your type of injury, your request may be denied.
If the insurance provider asks you for a recorded statement, be careful what you say as it may be used against you. Never give them old medical records as they may argue that your injuries weren’t caused by the incident.
Never feel rushed to accept an early settlement, especially if you are still being treated for your injuries.
5. How do you calculate the value of your claim for damages?
You must include all of your costs for the injury in your claim. The losses suffered are referred to as “damage” by insurance companies. There are two categories of damage to consider:
Specific damages are the costs that can be measured and include:
- All medical bills for doctors and hospital stays
- Bills for treatments and therapies
- General medical expenses paid by you, such as medical expenses. B. Medicines, bandages, ointments, etc.
- You had to repair or replace items as a result of the incident, e.g. B. glasses, vehicles, etc.
- Any loss of wages caused by your injuries
These are all easy to calculate as you have proof of every dollar spent.
General damage is more difficult to calculate because it is not tangible. Some of the general damages you can claim include:
- Emotional distress
- Physical pain
- Anxiety and depression
- Sleep loss
- Loss of concentration
- Loss of the consortium
General damage must be justified to the adjuster. A reasonable estimate for general damage is usually one or two times your special damage.
6. Compilation of the billing request
The package that was sent to the insurance company with your claim for damages must contain a request letter listing all damages. Also, include copies of the evidence supporting your claim. Always keep a record of all papers that you send to the insurance company.
7. Negotiating Personal Injury Settlement
Adjusters are there to save the insurance money. Once they have received your claim, they are unlikely to agree to the amount you requested and you will receive a counteroffer. While you likely have an overturned figure in mind that you will least likely accept, never tell them that number.
Tell them you will review their offer and get back to them. Negotiations can take time and you may have to work bit by bit until an agreement is reached.
If settlement negotiations fall apart, contact your attorney immediately to file a lawsuit. Remember that most of these cases have a statute of limitations. So don’t wait too long.
Legal Scoops’ senior editor Jacob Maslow has founded several online newspapers, including the Daily Forex Report and Conservative Free Press