Some Issues That Play a Role in a Personal Injury Claim Amount

Personal Injury Lawyer

As you file your claim for a personal injury, you may wonder what the insurance company is doing to determine the amount. Perhaps you’re worried their offer won’t be high enough. If that’s the case, it may do you well to contact an attorney for assistance. To get you started, the following are some issues that typically play a role in how insurance companies determine their offers.

Special Damages

The first category an insurance company will take a look at are issues considered “special damages.” These are things that are measurable. For example, the cost of medical bills you’ve incurred since the injury would be easy to add up. Lost wages would also be easy to calculate, and you can ask your employer to provide you with a document that outlines what you’ve lost.

Other out-of-pocket expenses could also be calculated as long as you’ve saved the receipts. Some other special damages may include damaged property, future medical treatment, burial expenses if the injury resulted in death and more. As you total up all these damages, you’ll get an accurate look at what the insurance company is looking at when considering an offer.

It’s possible your insurance company will overlook some expenses, and possibly not with malice, but just as a mistake. An ambulance charge, the cost of medical equipment and prescription medication costs should be pointed out to the insurer so they are not left out.

General Damages

These damages are harder to quantify, as there is nothing to measure them from. This includes compensation for mental anguish, loss of consortium, pain and suffering, and other similar mental and emotional issues. There are some different methods used to determine general damages, and it is sometimes based off your special damages multiplied by a certain number the insurance company comes up with.

Liability

A big factor that comes into play when an insurance company is determining damages is liability. In some cases, the insurance adjuster will determine the accident was partially your own fault. If that’s the case, you would only be qualified to receive the compensation minus the percentage of fault you hold. For this reason, it’s a good idea to have your lawyer involved from the very beginning.

Getting in Touch With a Lawyer

Personal injuries can be difficult to deal with, which is why you may want to consider having a legal professional by your side. To learn about claims and how much you can expect in an offer, contact your personal injury attorney, like a personal injury lawyer from MartinWren, P.C., for more information.

Posted on July 20, 2020 @ 9:51 pm

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