It’s hard to imagine just how much disruption a serious accident can cause. Even what seems at first like a simple slip and fall accident in a store and it can keep you from earning what you have been used to, cause weeks of agonizing pain and huge medical bills.
It is natural to consider suing the store and recovering an amount to compensate you for your very real losses.
While it is impossible to suggest exactly how much you could obtain if you do file a personal injury claim, there are certain standard components which are included in any normal claim. An experienced personal injury attorney can help you itemize your losses and come up with a claim amount which is realistically based on your injuries.
Determining The Value of a Personal Injury Claim
The two basic components of any personal injury claim, if not necessarily the greatest amounts, are medical costs and loss of earnings. The amount claimed for medical costs often becomes the basis for calculating a multiple that accounts for other components such as “pain and suffering”.
Medical costs can often be much higher than lost earnings, unless there is a permanent disability and it is impossible to return to do the same type of work or even earn anything anymore because of the seriousness of the injury.
It is important to get the medical costs as accurately documented as possible, as the insurance adjusters will only consider expenses that are clearly accounted for.
If there is future medical treatment or support expected, then it is important to have this estimated as accurately as possible. Lost earnings are usually easier to account for with documentation from your employer.
If you suffered property damage, for example if a Target truck hit your car, you may be able to include the damages to your car in your case as well.
Accounting for the Extras
The other components of a claim are more difficult to calculate accurately. An amount for pain and suffering depends on a psychological and physical assessment of the effects of the injury and how long these effects might last. A multiple is usually applied to the medical damages component which can vary substantially depending on the longevity and severity of the perceived pain and suffering.
An injury that clears up quite quickly may attract a multiple of 0.5 times the total medical component, whereas a permanent disability may mean a multiple of 5 times or more of the medical costs.
In some states, another hard to calculate component is a payment called “punitive damages”. This is usually only awarded if the party at fault is considered to have acted with a particular degree of negligence and acts as a warning and punishment as much as compensation for an injury.
For example, if you had slipped and fell at Target, or any other store, because of extreme negligence, you may have a larger settlement than if you had slipped due to an unattended spill that the store knew about. This component may be finally decided by a judge if the claim goes to trial.
Use an Attorney if You Want a Realistic Compensation Payment
If your accident was clear cut, you might expect an early offer from the store’s insurer, but it is unlikely to be adequate. It is advisable to use an experienced personal injury attorney to help assess your claim and suggest a realistic claim amount to present to the party at fault’s insurer.
*Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Target, or any other party, you may not be entitled to any compensation.
