If you suffered injuries from an accident caused by someone else’s negligence or recklessness, you may pursue a claim against the responsible party to recover compensation for damages. Determining the amount you can expect to receive is a difficult part of the process because the insurance company must factor in both economic damages, such as medical expenses, and non-economic damages, such as physical pain and suffering, mental anguish, and loss of enjoyment of life. Because each case is different, the total compensation amount can vary.
Determining the Base Figure
When determining the total value for your injuries, the insurance adjuster will begin by looking at the amount you incurred and/or paid for medical expenses, which they will use as a base figure. They will then multiply the base figure by a specific number* depending on the severity of your injuries. For minor injuries such as soft tissue damage that do not require extensive medical treatment, they may multiply the base figure by 1.5 or 2. If you suffered more severe injuries that cause lasting damage, such as a brain and spinal cord injury, the adjuster might multiply the base figure by 5. In extreme cases, the multiplier could be as high as 10.
If you were unable to work because of your injuries, the adjuster will add the amount of your lost wages to their base figure.
*Every case has distinct circumstances, and the multipliers used to value your injuries will be different from the ones referenced in the above example. Applying those numbers to your medical expenses does not guarantee a base figure for your claim. Working with an experienced attorney can help you better understand the valuing process for your unique situation.
Factoring in Fault
The injury value the insurance adjuster comes up with is not the final compensation amount you will receive. Instead, this figure is a starting point for negotiations. They will also consider each person’s percentage of fault for the accident. If you had some responsibility in causing the accident, they will take this into account and adjust the value accordingly.
Determining fault is a complex process that involves extensive review of your circumstances, which is why it is important to have an attorney on your side throughout the claims process. Your lawyer can visit the scene of the accident, gather evidence, and interview witnesses to establish the percentage of responsibility that rests on the at-fault party.
Your attorney can also negotiate with the insurance company to seek maximum compensation on your behalf.
Contact Zambrano Law Firm for a Free Consultation
If you were injured in an accident that was no fault of your own, reach out to the Zambrano Law Firm. We have over a decade of combined legal experience and know how to navigate the complex personal injury claims process. Our team will take the time to gain an in-depth understanding of your unique circumstances and build a legal strategy to work toward a favorable outcome for you.
Discuss your case with one of our attorneys by calling us at (956) 627-0908 or contacting us online.