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What is Fair Compensation for Personal Injury?

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Calculating compensation for a personal injury case is quite complicated. You have to factor in inflation, the severity of the injury, future loss of income, and many other factors. Then there's the issue of evidence. Without it, you'll have a hard time convincing the jury of fair compensation.

A Castle Rock personal injury attorney will help you wade through the murky waters of personal injury claims. Of course, the final payout depends on the situation, but these attorneys are the closest you can get to receiving the settlement you deserve.

What is the Average Compensation for Personal Injury Claims?

Most people want to know how much a case is worth on the first meeting with an attorney. But that's not how it works. Every case is different, and the settlement can be anything between $500 to $25000 and up depending on the severity of the incident.

Insisting on an estimate might result in false assumptions and mislead you into expecting the world. That's why most credible lawyers answer this trick question with a wide range of figures to be on the safe side. The best among them will be to share payouts of related cases, which should give you a rough idea of what to expect.

Some states also have caps on how much plaintiffs can receive from a personal injury claim. And that makes it harder to estimate what your payout will look like at the end of the case.

How do Insurance Adjusters Calculate Compensation in an Injury Case?

You've probably heard insurance adjusters have a secret formula for calculating the amount to be paid in a personal injury claim. And it's partly true. There's a formula, but it's not a secret. These professionals just don't go telling everyone how they come up with these life-changing estimates.

How the Compensation Formula Works:

When a personal injury claim lands on the insurance adjuster's desk, this professional will add all medical expenses relating to the injury. They refer to these expenses as "specials," and this figure becomes the backbone of the settlement calculation. The adjuster will then multiply this number with any figure between 1.5 and 5, depending on the injury severity.

By default, your insurance wants to avoid multiplying your medical expenses by five unless the injuries are very painful or life-changing. And that's the main reason why they don't want victims to see the "secret" formula.

Once they have finished multiplication, the insurance adjuster adds any lost income due to the injury. That includes salaries and any other verifiable income, such as revenue from a small business.

Example: Personal Injury Compensation Formula

Patricia got involved in a car accident. The injuries were not life-threatening, but the specials (medical bills) amounted to $550. Her insurance adjuster applies the "formula" and arrives at anything between $825 and $2750. That's after multiplying the specials with any value between 1.5 and 5.

Patricia also lost $400 in wages due to the injury, so; the adjuster will add that to the answer above. The insurance will then consider other factors to determine how much they're willing to pay for the damages.

What Factors Affect Outcomes of Personal Injury Claims?

Some injury claims get more compensation than others, and here's why:

  • The severity of the injury: Broken bones, spinal injuries, and missing limbs tend to attract the most significant settlements. Not only are they expensive to treat, but as the victim, you may suffer the future loss of income and recurring medical bills. However, you can only claim to get the necessary treatment, and the case can take up to 12 months to complete.
  • Newsworthiness: It's funny how insurance companies give in quickly if they think the case is "too hot." That is particularly true if there's too much negative publicity around an accident and the insurance wants to come off as a credible service provider.
  • Insurance policy limits: No insurance company will offer a settlement above their client's package as it would result in a loss. That's why you'll always see different payouts for similar cases.
  • How long you took to get medical attention: If you took too long between the time of injury and showing up in the ER, you're probably looking at minor damage. We calculate the settlement for this type of injury with the lowest multiplier possible.
  • What you told police: Giving misleading statements to the police may result in a lower settlement, and you can also miss out on compensation. The idea is to tell the truth, and avoid speculation.
  • Evidence: Did you take photos of the incident? Is there footage you can show to the jury? These are the pieces of evidence you should keep safe and bring to court. Usually, if you can prove the injury results from some else's error, the settlement will be on the higher side.

Advantage of Getting Legal Representation in a Personal Injury Claims

Legal representation is optional in personal injury cases, but your success depends on it. People who proceed without professional help get the lowest compensation, experience delayed payouts, and sometimes never receive the settlement. Victims who bring a lawyer get fair compensation, even if the injuries are not so severe. Still, you will have to pay an average of 32% contingency fee to get a decent attorney to represent you in a personal injury claim case.

Overall, there's no fixed amount for personal injury compensation. The settlement depends on many factors, including that the defendant might prove the accident was your fault. If this happens, you might still win the claim, but the payout will probably be on the lower end of the spectrum.

You might also want to get legal representation when trying to chase personal injury settlements. These professionals know their way around insurance payouts, and they will put you in a favorable position in the eyes of the jury.


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Wednesday, 04 August 2021
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