How can a Person Calculate: “What is my personal injury claim worth?”
What is my personal injury claim worth? There is no simple or “standard” blueprint for getting paid what you deserve in a personal injury claim. With that said, there is an actual pain and suffering formula used to calculate the things that are hard to put a figure on. Everyone’s case will vary based on the situation, but for the most part you will have a list of important factors that you must look at. This is why it is crucial that you hire an attorney that is experienced and confident in their abilities.
Factors That Affect “What is my personal injury claim worth?”
When determining what your claim is worth, you will be working with what are called multipliers, the things that can increase or reduce your settlement offer and, subsequently, your negotiation power. Certain items are looked at as higher along the pain and suffering threshold, so it is in your best interest to know what these are when calculating alongside your insurance adjuster or personal attorney.
When factoring medical expenses:
- Broken bones, concussions, and nerve damage
- Initial treatment
- Prescriptions
- Rehab or follow-up care for serious injury
- Any visible scars, loss of mobility, muscle loss, or weakness
- Emotional trauma, loss in quality of life, etc.
- Missed appointments, vacations, or school
If you qualify for any of these factors, your multiplier will be above-average. There are also factors that can lower your personal injury claim’s multiplier. Here are a few major contributors:
- Simple cuts, contusions, or sprains make up the bulk of injuries
- Medical bills are only diagnostic/examination
- You received treatment by non-MDs
- No prescriptions were given
- OTC treatments were suggested by doctor
- No scarring or long-lasting pain
- Cannot prove a strong case for trauma or emotional suffering
Once you’ve gone through this short list, you can gather an idea as to what the multiplier will be for your settlement amount. After that, the proposal is submitted by the attorney and other legal factors/fees are taken into account. Sometimes your initial proposal can be too high and the other party will want to try to negotiate you down, but if you have a solid legal representation, they will recognize the strength of your claim and how well it will hold up in court.
Other curveballs may include an argument for partial fault on your part of the accident. If your injury claim is submitted after much delay, it can be seen as a sign of weakness in your case. Sometimes the other party is reckless or has plenty of free time to pursue a case, even if they have none.
Having witnesses on your side is obviously a powerful asset to getting the maximum settlement amount. Although, this factor doesn’t nullify the fact that you will be penalized by a predetermined amount if you share any of the blame for the accident. Building your case starts with having a solid telling of your events, any hesitation or uncertainty could leave you open for exploitation by the defense.
Knocking it Out of the Park
Remember, you won’t be able to argue any claims in regards to what the other driver has incurred in damages because you won’t be able to see their estimates. In fact, you shouldn’t even be wasting your time thinking about that because what matters in a personal injury case is the personal bodily harm, not the fact that your car received the most damage. This is how your personal injury attorney will approach the case, if they are experienced and reputable.
Hiring an attorney at www.ColoradoInjury.pro can help you understand the question: What is my personal injury claim worth? The can also help with at-fault insurance laws and limits. For example, when you damages go over policy limits, you might be offered a check by the insurance company to cover the full expense, but it is your job to build a case to collect all other damages, pain and suffering compensation, from the other driver.
All of this can be difficult to navigate on your own, so that’s why you should call a personal injury attorney as soon as you can after getting into an accident. This is important so that you don’t make any legal mistakes and so that your memory is still fresh. Don’t leave any room for error.
