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This damage calculator can be used for estimating the compensations you may obtain after you suffered a personal injury. The total amount represents the value of the compensations you would accept from the guilty party in exchange to giving up your legal claim. This can’t be considered legal advice and we recommend you to contact a personal injury attorney for more details.
How much did you spend on medical care?Please calculate this amount carefully including ALL costs related to treatment.
Please estimate amount to be spent in the future on medical care.Please include ALL costs related to this.
Please valuate any income you have lost.Please include all earnings that have not been received because of your injury.
Please enter any future income that will be lost.Please make sure you estimate this amount as accurately as possible.
Please valuate any damages brought to your assets/properties.Used mostly for auto accidents.
We help you calculate the value of the compensations you may obtain for your personal injury, using a multiplier for your pain and suffering. The value of the multiplier is 2.5, a medium one.
Settlement Value Estimate
Set up an appointment with our Los Angeles personal injury attorneys or send us your request via e-mail.
Why use a personal injury calculator?
The damage calculator is an effective tool to use as soon as you receive an initial estimate of the medical expenses associated with the personal injury accident or after you’ve received the first medical bills. Whenever a plaintiff decides to negotiate a settlement for a personal injury accident, he will need to start the negotiation phase by bringing a settlement amount to the table.
Estimating a sufficient settlement amount can be hard enough when all of the injuries have not yet been treated and there are still future medical bills to be taken care of. Here is where the damage calculator can prove to be effective: in adding up what you already know in terms of expenses and including those that have been estimated up to a certain point.
The five categories included in our calculator are the ones common to all types of personal injuries. This is not to say that these are mandatory for all accidents. For example, a slip and fall injury may only result in damages for medical care as well as damages for items or personal assets destroyed or damaged in the fall. This can be seen as a lighter type of injury for which, nonetheless, you are entitled to claim compensations. Other injuries, such as those sustained in a severe vehicle accident, may require both present and future medical expenses as well as present and future lost income, or only lost earnings if the victim is able to earn income as per usual after the recovery period.
When using the personal injury calculator, please remember that this is only an initial step, one that can help guide you in terms of the settlement amount you are entitled to. In practice, and as seen below in this article, there are several other factors that can influence the final settlement amount.
What should you know when using a damage calculator?
The personal injury calculator can be used irrespective of the type of accident in which you have suffered an injury or loss. It can apply to slip and fall accidents as well as motorcycle accidents.
As clearly seen in the calculator above itself, it includes five distinct categories for which you have the option to insert the due amounts. We briefly describe some important issues for each of these categories:
Medical care: the total value of the medical bills incurred immediately after the accident.
Future medical expenses: these do not apply in all cases, may be required for some long-term accident injury treatments.
Lost earnings: the lost income immediately after the accident, because of not being able to work.
Future lost income: applicable especially to long-term injuries, life-altering injuries that also affect the ability to work as well as to freelancers who are impacted by a hiatus in their work.
Damages: referring strictly to the assets damaged in the accident; may include the car or motorcycle as well as other items.
While this tool is effective and can cover the basic calculations for many types of accidents, it is recommended to talk to one of our specialists, especially when the accident has led to severe injuries. One such case can be in the event of a motorcycle accident when reaching out to our Los Angeles motorcycle accident attorney can be especially useful.
Please remember that the final total value generated by the damage calculator may not be the same one calculated by the insurance company or by the defendant. In most cases, the value of your claim will be minimized for various reasons or solely for the purpose of the defendant or insurance company to have to pay less for the compensation. This is the main reason why you are advised to seek professional legal aid in addition to making your own calculations. A lawyer is able to advise you on the most suitable manner in which you can treat this case and whether or not you may need to take the case to court. It is useful to know that most cases settle, meaning that the parties reach an agreement for a settlement amount without having to take the case to court and go through a lengthy trial, with the case being analyzed by a judge and jury.
How can you estimate the value of your claim with the help of a damage calculator?
Most insurance companies use some type of formula to estimate the settlement amount that will be presented to you. In each personal injury case, there are two types of damages you can be compensated for as a plaintiff: special damages like the medical bills and lost wages and general damages like pain and suffering after the accident.
The calculation method for the special damages is, in most cases, straightforward, and the insurance company will most likely reach a similar settlement value based on the same medical bills you’ve used to calculate the damages. However, the insurance claim adjuster will not disclose the method used to calculate the general damages, those that are harder to quantify. A commonly used strategy is the multiplier method: they will add all the special damages (medical bills, present, and future, lost wages, property damage) and then multiply the total amount by a number between 1.5 and 5. The highest value is typically only used in personal injury cases that have had a tremendous impact on the victim, such as catastrophic injuries. They can use a special damage calculator and then present to you the total amount.
The multiplier method is usually the one used by insurance companies, but there is also another way to calculate the pain and suffering: a daily rate can be used to allow the victim to obtain a certain amount per each day he or she has had to endure the pain and the overall negative effects of the accident. This is not a method that ensures a life-long compensation, but it can be used to calculate the pain suffers for months in a row. For example, you can choose a reasonable amount of money per day, or the daily rate, which you will receive for a back injury (that does not include paralysis but pain and medication as well as an additional effort to work and continue with your life). To this, you will multiply the total number of days you have had to deal with the effects of the injury, for example, three months.
The daily rate method cannot be used for permanent injuries, hence the fact that it could not be used for a paralysis injury in our example. These types of pain and suffering, permanent ones, are calculated using the multiplier method, using the highest number. However, case law can be of importance in these catastrophic injuries and working with a lawyer is extremely important in these severe and also emotional and delicate cases.
You could use both of the methods described here to calculate an initial amount for pain and suffering. When doing so, it is not uncommon to arrive at two very different results. The final amount will always go through a negotiation phase and it is recommended that you start on the high end of the settlement you have managed to calculate (either alone or with the help of your lawyer). Using a damage calculator is especially important when deciding to use both methods for calculating the damages for pain and suffering. By using this online tool, you will make sure that the basis for the calculation is the same in all cases (and it includes all of the types of damages you are entitled to).
Types of injuries included in the calculation
We have already seen that there are two types of damages, those for physical injuries and those for emotional pain and suffering. However, the value of a personal injury case is very closely linked to the degree of the physical injuries. This means that there is a method of classifying these types of injuries. These can be:
•Soft tissue injuries: of the muscles and the connective tissue, they are perceived as less severe.
•Hard injuries: of the bones, the head, dislocated disks or vertebrae, other dislocations, tears, wounds – these are the ones that are classified in their own turn as nor so serious and very serious (from minor slashes and bleeding to spine injuries, amputations and others).
The medical treatment for all of these types of injuries should be included in the damage calculator. Plaintiffs should take note of the fact that is is reccomended to go through with the entire medical treatment for the soft tissue injuries and/or hard tissu einjuries before calculating the damages. By doing so, they can make sure that the final medical bill is an accurate one. Once they know the value of the medical costs, they can insert them in the damage calculator.
We invite you to watch a short video on how a personal injury calculator can help you:
What to consider when calculating your compensation
A special issue to consider by all plaintiffs in California is the pure comparative negligence rule. California is one of the States in the U.S. that uses this rule which has the capacity to reduce your overall settlement amount. According to pure comparative negligence standards, the settlement percentage can be reduced by a percentage equal to the plaintiff’s percentage of fault in the accident. This means that you may have to reduce the total value calculated with the personal injury calculator if you are also to blame for the accident. The damage calculator does not reduce the amount of compensation based on this rule. When making this assessment, you may need to consider whether or not you were compliant with the laws in force, such as those imposed by the Department of Motor Vehicles, in case of motorcycle and vehicle accidents. One of our Los Angeles personal injury lawyers can help you adjust your settlement if needed.
It is important to be aware of all of the expenses you are experiencing as a result of the accident (that wouldn’t have occurred otherwise). For this purpose, you should not ignore any medical symptoms as they may require treatment which will also be included in the final settlement amount.
Another aspect to take into consideration when calculating the damages for the accident has to do with pre-existing injuries. It is important to separate these from the injuries sustained in the accident itself, just as it is important to talk to your medical professional in case the accident exacerbated any of the existing conditions. In this case, you may need to calculate the value of the treatment for the exacerbated injury, as it resulted from the accident (because the said existing condition wouldn’t have been aggravated otherwise).
Understanding the basic facts about personal injury damages and the compensation you are entitled to after an accident is elementary. You can contact one of our Los Angeles personal injury attorneys for complete assistance during the initial settlement assessment and for legal aid during the negotiation phase.
Our lawyers who specialize in certain types of accidents, such as our Los Angeles motorcycle accident attorneys, can help you understand more about calculating the compensations you are entitled to. Working with our lawyers can be especially important for those victims who have sustained both economic and non-economic damages, as described above. They can also use a personal injury calculator like this one provided by our law firm.
Injury claim negotiation with the help of a personal injury calculator
Before deciding to file a lawsuit for a personal injury, you should take the time and consider reaching an agreement with the defendant, after using a personal injury calculator. You can take this step to your advantage as it can save the time and cost needed to initiate and complete a court trial. This informal settlement can still cover all your expenses if you have the help of a qualified professional who can help you throughout the negotiation process.
The negotiation can take place between the plaintiff and defendant (and their legal representatives) but also between the plaintiff and the insurance claim adjuster. The latter is a situation in which the insurance company’s employee will sometimes try to minimize your claim. It is not uncommon for the insurance company representative to offer you a settlement amount that is lower than what you asked for in your demand letter.
The discussions during the negotiation phase will typically cover the following topics:
-who is liable for the accident, according to negligence or strict liability;
-how much the insurance policy can cover;
-the types and extent of the injuries and the medical treatment required to treat them.
-be clear and concise but do not give a final demand (this will mean that the negotiation phase is over);
-provide all of the relevant evidence as medical records but be sure to make copies;
-provide the “Incident Report”, if available (it can be issued in some slip and fall cases that occur in company stores or other places);
-read the witness statements and be prepared to comment on them;
-speak to the witnesses if possible (and if relevant for your case);
-verify if and how much you lost because not being able to work while hospitalized;
-organize the documentation and papers you are planning to present; this will help you state your case and streamline the discussion.
The settlement for a personal injury case is calculated based on the type and extent of the injuries suffered by the victim and a damage calculator can be used. It is important to seek the right medical attention so that a medical professional can attest the true nature and extent of your injuries. Once your doctor determines the severity of your injuries, a personal injury attorney in Los Angeles can begin to calculate the compensation and start the negotiation process.
Damages that can be compensated include:
-present and future medical bills;
In more serious cases, the victim can also ask for compensation for future economic losses that will follow as a result of the accident. The families of individuals who lost their lives in a wrongful death case can ask for compensations for funeral expenses.
Calculating the right amount with the help of a personal injury calculator
Apart from the economic damages, the victim of an accident can also ask for compensations for non-economic losses, like physical pain and suffering, emotional distress, shock and mental anguish. After the damages have been established, the value of the claim is adjusted to other factors, using a damage calculator.
When liability is shared between the parties involved in the accident, the victim can lose important amounts of the claim. Thus it is important to determine if you are dealing with a shared fault case.
One of our personal injury lawyersin Los Angeles will help you write a demand letter to the insurer or to the other party involved in the accident. With our help, you will be able to submit a demand letter that will allow you to obtain the right value for your losses. Our lawyers will help you reach a convenient agreement or go to trial if the other party won’t agree to a settlement.
How to calculate the value of your claim?
A settlement calculator or a personal injury calculator is a tool that can be used for all types of accidents, from those that result in minor physical injuries and property damages, like some vehicle accidents, to those complicated cases that require costly medical treatments like spinal cord injuries.
Estimating the total value of the compensations is made based on:
- the medical expenses, past, and future;
- the lost wages and any future income that will be lost;
- the property damage.
Damages can also include non-economic ones, like pain and suffering. While it is true that these cannot be based on a receipt for the treatment or an estimate, it is common to use a multiplier to calculate them. This means that the estimated value is multiplied by a preset value, to allow for a just compensation for the emotional trauma. In some cases, victims can bring forward evidence of the psychological treatment, and associated costs, they had to go forward with after the accident.
A damages formula is commonly used by insurance companies when they calculate your settlement. The insurance claim adjuster will typically add the medical expenses and multiply the by an amount of one and a half and up to five times (in most cases).
When are multipliers used?
Most personal injury claims are not calculated using a multiplier higher than five. While you could be tempted to consider that your case is worthy of an outstanding amount, the insurance claim adjuster will know just how much the company is willing to pay in cases that are similar to yours. Negotiating with the insurance company is an important step and you should start with an amount that is in your favor as well as realistic. Our Los Angeles personal injury lawyers can help evaluate your case beforehand so that you can know exactly how to ask for the compensations. You can also use a personal injury calculator.
The general damages multiplier is also used by insurance companies. The damages that are easily quantifiable are sometimes referred to as special damages and they are can be shown with provable expenses. However, the general damages, or those for pain and suffering, will be calculated using a multiplier. An actuarial compensation table for injury can be used by some lawyers, judges and insurance companies to calculate a lump amount of the compensation. These are known as the Ogden tables and they include the calculation method for the multiplier, according to the age at the date of the trial and other factors. The tables are divided into types of multipliers, for example, those for male or female victims, pecuniary losses, loss of earnings to pension age, and according to other projected statistics.
When are high multipliers used?
Multipliers higher than five are used in those accidents when the recovery period is extensive, the other party’s negligence is total, the injuries are dramatic like in catastrophic accidents and when the victim will clearly have recurrent problems, both physical and psychological because of the accident. The injuries sustained in a motorcycle accident can be painful and even dramatic when the injury completely alters the victim’s life from that point on. Because motorists are more vulnerable compared to car or truck drivers, sometimes the injuries can be catastrophic and in this case, the victim has the right to use a high multiplier. A Los Angeles motorcycle accident attorney from our team can help evaluate your case and together you can determine what multiplier you can use that can cover your damages to their true extent.
Factors that can influence the use of multipliers
The multiplier differs from one case to the other even though its values are generally between one and five because there are other factors that can influence it, besides the severity of the injuries. Of course, as stated above, the nature of the injuries and whether or not the victim will remain incapacitated for live, are very important factors. Nevertheless, other issues are also taken into consideration when calculating compensation. These can differ according to the type of accident, however, our Los Angeles personal injury attorney can give you more information on how they can apply in your case and how to use a damage calculator.
Some of the factors that can influence the choice of the used multiplier include the following:
Demographic particularities: gender and age are two issues that can be taken into consideration when calculating the damages using a multiplier. This is an issue, especially for the purpose of calculating future lost income as the age of the individual, can help determine how much he was expected to earn.
The retirement age: this is another factor that can be important when calculating the compensation, namely the value of the lost earnings.
Dependants: in some cases, the value of the compensation can also take into account the existence of dependent family members who were in the care of the injured party.
These are all important factors, however, they may not be the only ones. Talking to one of our lawyers can be relevant in your particular case as well as using a personal injury calculator.
The total costs of the accident
While it is true that the medical costs are often the most significant ones, other expenses are to be taken into consideration. Most settlement calculators or personal injury calculators will base a final amount on more than the amount spent on medical care.
The overall costs that you should consider when calculating the settlement for a personal injury case include the following:
medical care: includes the sum of the medical bills for treating the accident injuries.
future medical expenses: other future medical costs associated with treating only the injuries from the accident can be included.
lost earnings: the victim can include the lost wages or lost projects that contributed to overall economic losses during the recovery period.
future income: wages or self-employment income that is lost for a certain period of time after the accident.
property damage: for example the motorcycle or car that were damaged or totaled in the accident or your home in case of fire and burn injuries.
pain and suffering: these are the non-economic damages that are harder to quantity into a specific amount; motorists who are injured can reach out to our Los Angeles motorcycle accident attorneys for legal aid when calculating these.
You can keep a journal of the expenses during different stages of the recovery, especially in those cases that involve subsequent treatment, nursing care or other expenses.
The multiplier method or the tables may seem like a “cold” calculation method for issues that can never be compensated for. However impersonal they are, these commonly used calculation methods are your manner of claiming a settlement that will allow you to pay for the expenses associated with the accident. The multiplier method can be a useful basis for commencing the calculation of the damages, including pain and suffering. When a personal injury case is taken to court, the lawyer can use the multiplier method in order to provide the jury with a reference point for the damage sowed to the victim. For example, the jury may be unaware of the pain and suffering involved in a certain type of injury. However, when the lawyer exemplifies that for a certain injury the total medical costs had a given value, the jury can begin to formulate an opinion on the rightful compensation amount.
A personal injury attorney is able to help you calculate the right amount while you still have time to focus on what matters most: you and your recovery after the accident. The multiplier method is just one manner in which the losses can be calculated after an accident. Some types of accidents will need to use different calculation methods because, perhaps, there will be different losses at different points in time after the accident. Our team of lawyers and our specialized Los Angeles motorcycle accident attorney can help plaintiffs make the needed calculations in order to determine a rightful settlement amount.
How can a pre-existing injury influence your case?
Plaintiffs cannot claim compensations for injuries that were present before the accident occurred. However, they can be entitled to compensation if a particular condition worsened after the accident took place. This can be the case in vehicle accidents when victims suffer from neck injuries, thus triggering a recurrent back or spinal cord problem. It is also applicable in case of motorcycle accidents that are known to be severe in some cases. If the victim has already been suffering from neck or back problems, and they were exacerbated by the accident, then one of our Los Angeles motorcycle accident attorneys can assist them.
Most insurance companies will be very susceptible to cases that involve victims who have suffered in the past. The insurance policy will only cover the physical injuries that took place as a direct result of the accident and will refuse to pay compensations for any injuries that are not related to the particular accident that is being brought to attention. The insurance company may claim that the injury is not related to the accident and use it as a defense to minimize the compensation or refuse to pay altogether. One of our Los Angeles motorcycle accident attorneys can help you negotiate with the insurance company and explain to you how to use a personal injury calculator. In some cases, the insurer will try to determine the plaintiff to sign an authorization that grants them access to the existing medical files. Our attorneys strongly recommend avoiding signing such a document or consult with one of our experts before doing so. It is always more suitable to provide the documents yourself than to allow the insurance company to gain access to them.
Has a pre-existing injury been aggravated by the accident?
A strong possibility is that the accident caused a pre-existing injury or condition to aggravate. The defendant should not consider that he or she can escape liability just because the plaintiff was in a weaker state than any other individual and he is not really responsible for the degree of the injury.
A common rule that applies in these cases is the “eggshell doctrine” meaning that the defendant must take the plaintiff exactly has he or she is at the time of the injury. You can prove that a pre-existing condition has worsened or reappeared after the accident based on the past and present medical records. One of our Los Angeles personal injury attorneys can tell you more about these rules.
In those cases in which there is a pre-existing injury, the plaintiff is advised to gather and present the medical records for those said injuries. A successful case will largely be based on the evidence that is provided, thus, comprehensive medical records will be necessary for proving the existence and the degree of the pre-existing injury. Not only this but being able to show that a pre-existing condition is real and documented will be the base to also showing that its exacerbation had a negative impact on the victim’s life, possibly even influencing the manner in which he or she is able to earn income or engage in other different activities.
In all personal injury cases, the medical records can either make or break the case. It is important to talk to your treating physician and obtain the necessary records that will allow you to prove the injuries as well as the pain and suffering caused by the accident. When presenting your case, you will be able to draw a complete picture of the evolution of your pre-existing injury and the exact manner in which the accident influenced it.
Many victims who suffer from pre-existing conditions at the time of the accident will choose to seek legal advice. These cases rely on the ability to bring enough evidence upfront and they will most likely rely on the assistance of a medical professional and numerous medical documents to prove the existence and severity of the illness or condition. It is important to always disclose any prior injuries to your attorney so that he can accurately assess the value of your claim. Pre-existing injuries are even more important if they occurred in the same part of the body as the current accident injuries.
A Los Angeles motorcycle accident attorney from our team can help you present your case if you were involved in a motorcycle accident that leads to the worsening of an injury. When trying to obtain compensations for a pre-existing injury that was aggravated, the most important step is to be able to show exactly how the accident aggravated the injury. This, as previously stated, is accomplished by using the existing medical records and, as needed, the medical statements from the treating physician. However, in many cases, the victim will find that the help of a personal injury attorney will be important during the negotiation phase. This is why we recommend reaching out to one of our lawyers in order to establish the most suitable strategy. You can also use a damage calculator and try to estimate the value of the compensations.
Can a pre-existing injury undermine your case?
A pre-existing injury can influence the final settlement amount, however, victims should not automatically assume that it will invalidate their case. Our Los Angeles motorcycle accident attorneys are able to evaluate your case, determine the degree of fault the defendant had for the accident and then, based on his negligence and the medical records that you provide, they can start to build your case.
A situation in which the pre-existing illness, pain or injury can be ignored for the final settlement is that in which the victim has taken no steps at all to treat it. In these cases, the victim has not requested medical treatment in a very long time for these pre-existing conditions. When this happens, the case can be derailed because the plaintiff will not have sufficient evidence to support the evolution of the pre-existing condition, its present status and thus the manner in which the accident influenced it. In these cases, the attorney may try to rely on old medical records and on evidence from the scene of the accident, however, this is precisely why updated medical records are important.
Many personal injury cases settle before they are taken to court. If you are able to present accurate and undeniable facts that show the existence of a previous injury, one of our lawyers can help you calculate the damages and negotiate with the defendant to obtain the rightful compensation.
What compensations can you obtain for pre-existing injuries?
The usual types of compensations include the following:
Medical expenses: the total costs for the medical treatment related to the accident, both present an future;
Lost wages: the income lost after the accident, during the recovery or because the victim was unable to work after this time;
Property damage: monetary compensations according to the value of the assets lost/destroyed as a result of the accident;
Pain and suffering: emotional distress, post-traumatic stress disorder, depression after the accident.
These examples are for the general types of compensations. Victims who seek monetary compensations for pre-existing injuries will, in most cases, be awarded the medical expenses for the treatment of the specific aggravated symptoms. You can reach out to our Los Angeles motorcycle accident attorney for more details.
Contact us for more information about the damage calculator as well as to receive an initial assessment. Our lawyers do not collect their fee until you have received your final and just settlement amount. reach out to us for professional legal services in case of personal injury cases as well as if you need help in calculating the damages for a personal injury.
We can also help you in other personal injury cases because we have different teams of lawyers:
Marc Y. Lazo is specialized in personal injury cases as well as in complex business and commercial litigation. He has tried numerous cases to successful verdict and has obtained multiple six-figure judgments in both state and federal court.