Specializing in Car Accident Injuries and Physical and Financial Recovery

Assessing Damages in a Personal Injury Accident
Posted by: Dr. Bruce Myers |

How Are Damages Assessed in a Personal Injury Case? 

How to Assess Damages in a Personal Injury Case

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 might be able to claim compensation from their insurance company.

This is a common case that often involves occupation 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 lawyers come in.

They will use a dedicated formula to work out the damages and what is owed to you.

In this article, we will explore how damages in personal injury cases are assessed. So you know exactly how it works if you’re thinking about filing a claim.

Personal Injury Attorney Discussing Damages with Client

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 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 individuals for a number of expenses.

These include:

  • Medical bills
  • Lost pay from being off work
  • Pain and suffering
  • Emotional pain; and
  • Many other physical, social and emotional problems

Although the expenses for the medical treatment can be easily worked out. It is harder to work out the compensation when it comes to emotional and social damages.

That is where the formula comes in.

As it can help identify the costs for the ambiguous 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 the adding of 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.) and 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 endured medical expenses as a result.

Compensation might be an option.

It is important to seek professional help if you believe there is a claim to be made and you should get in contact with a lawyer as soon as possible.

Using the above formula…

A lawyer will be able to work out how much you’re owed and your suffering will also be included as a considerable factor.

Free Consultation

 

Next Blog: Do Car Accidents Hurt my Credit Score?

 

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