No one personal injury claim is like the other. Compensation for your injuries can vary accident from accident. Certain injuries lead to greater compensation while other ones are much harder to prove. Which ones are the most likely to get you compensation and how is this determined?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Categories of Injuries
Injuries can be broken into two different groups: soft tissue injuries and hard injuries. Soft tissue injuries are injuries to your muscles, ligaments or tendons. Do not let the word “soft” detract you. These types of injuries can be quite painful and can also be long-lasting.
Hard injuries are more serious, however, and include broken bones, organ damage, facial scarring and even brain damage.
Settlement Calculations
Most insurance companies have a formula used in calculating compensation for damages. The calculations usually involve utilization of a multiplier, taking into consideration specific variables regarding the accident in coming up with a settlement figure.
The multiplier used depends on how extensive, serious and long-lasting your injuries are. The more serious they are, the higher the multiplier.
Considerations to the Formula
Several factors play into the damages formula and can affect how much you receive in compensation for your injuries. The more painful your injuries are, the higher end of the formula the insurance companies use. If your treatment is considered invasive and extensive, the end of the formula will be higher as well.
If your recovery period is expected to be long, the formula will be higher, and the more visible or serious the injuries, the higher the formula. Qualifiers are also considered in calculating damages. They will look at whether the injury is hard or soft tissue.
How clear liability is also affects the calculations. In addition, insurance companies will look at what are called the specials, which are medical costs, lost wages or out-of-pocket expenses, and lastly, they will consider how pain and suffering play into your damages.
Permanent Effects from Injuries
One question that must be answered is what are the permanent effects from the injuries you have sustained from the accident? If you have a broken bone, but the doctors do not anticipate that you will need much future treatment and will be able to live your life just as you did before, once you have recovered, then it will be hard to argue that your injuries are “permanent.”
The more permanent the damage is and the more significant the impact the injuries will have on your lifestyle, the higher the compensation you will receive from your injury.
Gather Solid Evidence
It is virtually impossible to pick a numerical value for your injuries. It is for that reason, you need to have solid evidence to back up the number you are giving the insurance company. You want to make your case hard to dispute. Bring medical evidence, bills, insurance claims, and other research.
Make it hard for them to argue with you when proving that all of the above qualifiers apply to your specific case. As always, it is recommended you speak with an attorney beforehand to make sure you are properly submitting everything needed.
Contact an Attorney Today
If you have been in a car accident, it is always recommended you first contact an attorney to discuss your case. He or she will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
