Not all injuries are physical. Victims involved in personal injuries accidents can remain traumatized by the incident. If the accident was violent if a friend or relative died in the vehicle accident or if they went through tremendous pain and suffering after being severely injured, victims can be compensated for emotional pain and distress.
Insurance companies will almost always use a damages formula to calculate the losses. The mathematical calculation will provide a settlement amount, but plaintiffs should accept it only after they’ve made their own calculations for the injuries they’ve suffered.
Negotiating the settlement means calculating a reasonable yet sufficient amount to cover all of your losses. One of our Los Angeles personal injury attorneys
can help you obtain enough compensations, regardless of the type of accident you were involved in.
Calculating physical injuries
The compensations for physical injuries are some of the easiest to calculate, along with property damage. Having the medical bills and totaling the expenses will provide a very accurate image of the total costs related to the injury. The plaintiff can also include future medical treatments for recovery. These expenses related to medical care are often referred to as medical special damages.
Our settlement calculator
can help you determine a correct amount, according to the following types of losses:
- medical care: all of the treatment related to the injury including future expenses;
- lost earnings;
- lost income in the future;
- property damages.
The calculator works by using a medium multiplier, the same way insurance companies calculate the settlement for their clients. This is a commonly used method although not many insurance companies will reveal how their insurance claim adjuster decides the final settlement amount.
Calculating emotional pain and distress
While it is true that insurance companies will focus on what they can pay you for the actual monetary losses, you should also know that you can claim compensations for emotional pain and distress. The insurance company may refer to these damages as the general damages. The insurance adjuster will typically multiply the special damages (the medical ones and those that are quantified) by one or 1.5 percent. For severe injuries with a longstanding emotional impact, the multiplication amount can sometimes be five.
Spouses who have lost their significant other in a wrongful death case, for example, can make a loss of consortium claim
. Other claims for loss of quality of life or enjoyment of life can be made when the individual has moved past the pain and suffering but cannot resume his or her life as it used to be before the accident. This can happen with severe spinal cord injuries
when the victim will continue to live in a wheelchair.
When a personal injury case is taken to court the jury will often determine a fixed amount that will be awarded on a daily basis, for a pre-set period of time for pain and suffering.
Insurance claim adjusters will not reveal the formula they’ve used to calculate the damages. Since they do not reveal their calculation method, it is recommended that you avoid telling them how you calculated your amount. You can simply come down to negotiating the amounts. The calculation method will vary according to the type of injury, the recovery period and/or the permanency of the injury.
Non-economic damages are best calculated with the help of one of our Los Angeles personal injury lawyers who are able to evaluate your case and give you complete details on how much you can ask for.