If you or a loved one have experienced damages due to an accident, negligence, or the malpractice of another, you deserve compensation. As defined by the dictionary, damages are “harm caused to something in such a way as to impair its value, usefulness, or normal function.” Therefore, this term can apply to physical damage to your person or property or mental and emotional pain and suffering.
Many factors determine the amount of compensation you deserve. Therefore, it is impossible to decide on the exact figure by yourself. An experienced personal injury attorney knows from previous cases what specific evidence to collect and what kind of claims to file.
We recommend seeking legal advice as soon as possible if you believe you have a valid personal injury case. The insurance industry commonly knows that cases led by a personal injury lawyer settle for three to four times more than cases that are decided solely by an insurance company.
With that said, you may wish to seek a ballpark figure of how much your case is worth so that you can plan for court costs and future compensation. It is also wise to be well-informed of what information your lawyers will need for your personal injury settlement calculator.
Steps of a Personal Injury Claim:
Determine Negligence
The first step in determining if you have a winnable case is by establishing negligence or fault. Negligence can be due to carelessness or willful intention. Even if you are partially at fault, you may still deserve some compensation if the other party is found negligent. Negligence is a common claim in cases of medical malpractice, truck accidents, and workplace injuries.
It is important to note that each state has individual laws about lawsuit legality due to a personal injury accident. Strickland and Kendall are licensed in several states and can assist you in all 50 states in determining whether your area has “At-Fault” or “No-Fault” laws.
Calculate Estimated Damages
To establish the worth of your case, you must add up all damages and expenses suffered. These can be difficult to track on your own. These figures include medical bills, estimation of property damages, lost wages, and pain and suffering.
These calculations will give you a starting number for how you have been financially affected by your injuries. Also, what margins an experienced personal injury lawyer can earn you compensation.
Establish Multiplier
In many cases, an insurance adjuster will determine a multiplier based on the facts and figures of your case. The most common equation used to settle personal injury settlements is the multiplier method. This multiplier is a number between 1 and 5. The adjuster will multiply this determined number by your previous damage calculation total to determine an offer for a settlement amount.
Receive Compensation
Once your personal injury lawyer determines that you have a claim and calculates the financial and emotional damages, they will negotiate your case. Your attorney will either accept a settlement offer or negotiate the settlement offer until both parties agree on a determined amount. You will then receive compensation once these conversations are complete.
Types of Damages
Special Damages
Special damages are economic damages that are easily quantifiable. These involve financial losses with specific dollar amounts. Medical expenses, lost wages due to missed work, and physical property damage are all examples of special damages. It is also vital to include future losses.
Have you been informed that you will experience extensive rehabilitation or future surgeries due to the lasting results of your injuries? These future medical expenses can be calculated and added to your damages.
Additionally, will you continue to miss work or potentially lose your job? You can include these missed wages in your claim. Further, you may be able to recover the cost of paid leave or sick days you used after your incident.
General Damages
These are damages that are more difficult to enumerate, such as mental and emotional pain and suffering. Because you cannot gather specific numbers from these damages, it is essential to gather related documentation and paperwork. Documentation includes notations and files from doctor visits, psychologists or therapists, medications, and more.
This documentation proves the severity of your pain and suffering. It corroborates your testimony and leaves less room for the insurance company to question your validity. The more detailed the documentation is, the more likely your settlement amount will increase.
These damages will be quantified and accounted for in your claim using the multiplier method.
Multiplier Method
The multiplier method enumerates elements of your case that do not already have a specific dollar amount attached to them. These factors include pain experienced, the trauma endured, relationship suffering, and other mental anguish associated with accident injuries or losing a loved one.
The severity of your case determines this multiplier number. Cases involving extensive surgeries, medical bills, or fatalities receive a higher number (4-5). Cases with more mild damages, such as breaks and property damage, receive a lower number (2-3).
The multiplier is the most common element of negotiation when it comes to personal injury cases. It is imperative to hire an experienced law firm when negotiating the multiplier of your case. Most insurance companies will lean towards using a lower figure to lower their payout costs.
If you have already received an offer from an insurance company, you should have an attorney give it a thorough review. They will advise you on how to proceed before you respond.
Personal Injury Calculator Disclaimer
It is essential to understand that using an online personal injury calculator is not an official calculation for your injury claim. The number you derive from using an online calculator is merely an estimation of the compensation that you could receive. An attorney and the insurance company determine the correct amount of your settlement.
The information found online and in this article is not official legal advice. This explanation is simply an outline for understanding discussions for when you do seek official legal counsel.
Do not let the fear of attorney fees hold you back from seeking excellent legal advice. Most experienced attorneys will have a free consultation available for your first visit to determine if a settlement is worth pursuing for your case. Therefore, there is no risk to you.
Seeking Legal Counsel
Our attorneys at Strickland and Kendall have a proven track record of exceptional representation in cases involving: auto accidents, medical malpractice, product liability, disaster claims, and criminal law. We have won over $850,000,000 in settlement claims for our clients since our beginning. We continue to provide a thorough and proactive approach for personal injury claims.
There are no up-front costs required when seeking a free consultation with the staff at Strickland and Kendall. We do not accept compensation unless and until we successfully obtain compensation for you and your loved ones.
Are you ready to begin seeking compensation for your personal injury claim settlement? Do you have questions about the process of settling? Please schedule your free consultation by calling our number at 334.269.3230. We accept all calls—days, nights, weekends, and holidays.