How Are Personal Injury Settlements Calculated?

When insurers offer money to accident victims, they did not pull numbers out of thin air. There are methods that they use to calculate personal injury settlements and what they should give to someone who has been hurt. How they arrive at these settlements can seem confusing, but do not worry about it too much. Our Washington, D.C. injury attorneys can answer all of your questions and help you negotiate with insurers for the kind of settlement that you deserve.

What Can Affect the Value of Personal Injury Settlements?

Personal injury settlements are often calculated with a few different criteria in mind. An insurer will probably consider:

  • How serious the victim’s injuries are
  • Whether these injuries will have lasting effects
  • How long recovery could take
  • How injuries could affect the victim’s everyday life

There are injuries like broken arms that can take time to heal but won’t upend someone’s life. Then there are spinal cord injuries and other issues that could affect how someone moves, works, or takes care of themselves forever.

How Can I Show Evidence of Pain and Suffering?

When you get reimbursed for medical bills, there is an obvious cost that you can point to. Personal injury settlements should also include compensation for pain and suffering though, and such a thing can be harder to quantify.

Insurance companies will look at the seriousness of the injuries and how your recovery process looks, but that’s not the only evidence that you can use to show that you suffered as a result of this accident. You can also use the testimony of mental health professionals you have spoken with and your own medical records to show that you have required help getting through the emotional and psychological trauma that the accident caused.

We also recommend that our clients keep a journal that documents their recovery. Write down how you were feeling on particular days and note when the pain was especially bad. Show how these injuries interfered with your life and caused you stress and suffering.

Can Fault Affect the Value of Personal Injury Settlements?

Blaming the victim and accusing them of contributing to the accident is one method that insurance companies may use to avoid paying out as much. Yes, their insured driver hit you, but you were speeding at the time. Yes, you fell and hit your head due to a slippery floor, but that’s only because you ignored a wet floor sign.

If an insurance company can make a convincing case that you were also at fault, then that can be a problem. You cannot sue for damages if you are even 1% at fault for an accident in Maryland, Virginia, or Washington, D.C.! This is why you should have a personal injury attorney by your side, ready to defend you from such accusations and focused on holding negligent parties accountable.

Talk to a Lawyer Today

When you are ready to fight for the compensation that you deserve, contact Trombly & Singer, PLLC. We can schedule a free consultation and answer any questions that you have about personal injury settlements and the legal process.