How are Damages Calculated in a Personal Injury Case?

The numbers offered by adjusters after an accident may seem arbitrary but they are based on hard numbers and calculations by the insurance company. When a lawyer says that the first number is a low ball, they are seldom wrong. Lawyers have an intimate knowledge of what gets paid and how calculations are made. In order to get the best settlement, it is important that you understand your own bottom line price rather than relying solely on your legal defense.

Of course, your legal counsel will be looking out for your best interest. However, understanding the process for yourself is imperative to feeling positive about your outcome.

Medical Bills

The easiest part of the calculations is figuring out how much your bills will cost, as personal injury medical treatment should not be at the expense of the victim. However, each bill must be proven with an invoice and treatment must come as a direct result of the accident. The doctor treating the patient will be able to determine if an injury is permanent or not, and will be able to give a plan of treatment for determination of medical bill payouts.

Lost Wages and Income

Lost wages and income account for time that was missed due to the personal injury. In most cases, this is easy to determine, as most professions know the amount of time not spent on the job and what finances would have been earned during that time, including sales and commissions positions. For those positions, it would simply be the average amount you make. Some factors, such as paid days off for vacation days, can complicate the number, but generally, it is straightforward.

Non-Economic Damages

Damages that go outside of financial burdens including pain and suffering, emotional distress and loss of enjoyment of life are also calculated in a personal injury case. However, this is the most difficult to put a number on, as it is very plaintiff-specific by nature. Therapy costs are easy to determine but it is rarely enough to address the trauma and issues that arise after an accident.

Having the right legal team is the best defense when it comes to a personal injury claim. At our law firm, we pride ourselves in seeking the best outcome for every client. Contact us today to find out how we can help with your next lawsuit.