During the summertime we see many travelers pass through town – maybe we’re a destination, maybe just a spot to gas up on the way somewhere else. Either way, out-of-towners are often not sure of the busy intersections, which roadways are more traveled or the times of day the streets and highways are most crowded. Combine that with the abundant road work and freeway modifications (we will all be happy when it’s finally done); it’s easy to see just how dangerous roadways can be, and why it’s so important to preemptively cover yourself in case of an accident.
After you find yourself in a vehicle accident, setting a dollar amount on injuries you may have suffered can be hard, even intimidating, to do. There are many factors to be considered: doctor bills, loss of work, pain and suffering, ongoing medical bills and, last but not least, repairs of vehicles.
When you submit a claim to an insurance company, all these factors will be considered in deciding how much to offer for a personal injury claim.
Finding out how much your injury is worth is a critical aspect of any personal injury claim, and it is the most difficult part to determine.
Insurance companies will compensate only what they think your claim is worth. To determine this you must first know what types of damages you may be compensated for.
Usually, a person who is liable for an accident — and therefore his or her liability insurance company — must pay an injured person for:
- • Medical care and related expenses.
- • Income lost because of the accident, owing to time spent unable to work or undergoing treatment for injuries.
- • Permanent physical disability or disfigurement.
- • Loss of family, social and educational experiences, including missed school or training, vacation or recreation, or a special event.
- • Emotional damages such as stress, embarrassment, depression or strains on family relationships — for example, the inability to take care of children, anxiety over the effects of an accident on an unborn child, or interference with sexual relations.
- • Damaged property.
There is no precise way to put a dollar figure on pain and suffering or on missed experiences or lost opportunities. The insurance company has a formula for this. At the beginning of the claim negotiations, an insurance adjuster adds up the total medical expenses related to the injury. These expenses are referred to as “medical special damages, or simply “specials.” This is the base figure the adjuster uses figure out how much to pay the injured person for pain suffering and other non monetary losses, which are called general “damages.”
When the injuries are relatively minor, the adjuster multiplies the amount of special damages by 1.5 or 2. When the injuries are particularly painful, serious or long-lasting, the adjuster multiplies the amount of special damages by up to 5. (The multiplier may be as great as 10 in extreme cases.) The adjuster may add any income lost as a result of the injuries. However, this figure is not a final number but a base number to begin the negotiations.
The extent each person is at fault is the most important factor affecting how much the insurance company is likely to pay. The damages formula gives you a range of how much your injuries might be worth, but only after you figure in the question of fault do you know the actual compensation value of your claim — that is, how much an insurance company will pay you.
Determining fault for an accident is not an exact science, but in most claims both you and the insurance adjuster will at least have a good idea who is most at fault and who has been most wronged. Whatever that rough percentage of your comparative fault might be — 10%, 50%, 75% — is the amount by which the damages formula total will be reduced to arrive at a final figure.
There’s a lot to consider in any personal injury case. Should you be involved in any such matter, it is imperative that you follow it closely and, most importantly, know and defend your rights.
This article is for information only and not to be taken as legal advice or counsel.
Karen Corbelli is a Redding-based legal document assistant armed with more than 20 years of legal experience. She can be reached at 515-5081 or kjparalegalservice@yahoo.com.
