How is compensation calculated for personal injury cases?
(Photo : How is compensation calculated for personal injury cases?)

If you have been injured in an accident due to someone else's negligence, it's understandable that you want to seek damages for your suffering. If someone else is liable for your injuries, then the only way to retrieve your damages is to file a claim. It's best to hire a personal injury attorney, such as the ones you'll find at hm-attorneys.com, who will assist you in the process of getting justice. They will know what you need to file by win, and they will fight aggressively for you.

Economic Vs. Non-Economic Damages

When filing a personal injury case, you can file for two different types of damages: economic and non-economic damages. Economic damages are those that are calculable and can have a concrete number attached to them. Examples are:

  • Medical expenses

  • Lost wages from time missed at work

  • Future loss earnings due to missing work

  • Replacing the vehicle that was destroyed in the accident, as well as any other valuables

All of these get calculated and summed up into one number. If you are expecting to require physical therapy in the future, the estimated sum of those expenses will be included in your amount.

Non-economic damages are different, however. Non-economic damages cover pain and suffering, which are not easily calculable or measured. Pain and suffering result from the devastating change in your life due to the accident. For example, if you were a very physically active person, possibly even a volunteer or member of a recreation team, and your injury has prevented you from being able to participate in things that gave you meaning and joy before. You can sue the liable party for pain and suffering because your life has had such a drastic change to it.

But again, pain and suffering is not easily calculable. Your attorney will have to fight for you to defend your right to damages. Your injury may have prevented you from being able to finish college courses, go on family vacations that you had planned or pursue other goals that you had in life. Your attorney can argue for you in support of you receiving what you deserve.

The Calculation

When you file a claim, an insurance adjuster will be assigned to your case who will review the medical documents that you submit, and may even go to the scene of the accident, or wherever your car has been towed, to assess the damage. They will then see what you are asking for in your settlement, and determine whether or not they will pay out that amount.

Using the information above, they will come to that summation of all of your expenses, and then increase it by a multiplier. The multiplier is a number between one and five, and which number you get depends on the circumstances surrounding your accident. For example, if you were left with significant injuries that will require many weeks or months to heal, and may even require physical therapy, then your multiplier may be as high as five. For example, if you got into a minor accident and your total medical expenses and lost wages were $800, then your multiplier may be around 1.5 because you did not suffer significant property damage or personal injury. You would just receive $1200 ($800 x 1.5). To learn more about what you can receive, contact a personal injury attorney today.