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Calculating Damages in Personal Injury Cases

Jul 29, 2016 @ 10:00 AM — by Lynn Harris
Tagged with: Personal Injury | Wrongful Death |

Judge’s gavelAn injury can take a huge toll on a person’s life. While some injuries are minor and require little time for recovery, others can result in the need for extensive medical treatment and long-term (or even lifelong) lifestyle changes. If an injury is caused by the reckless or negligent actions of another person or party, the injury victim may be able to file a personal injury lawsuit. A personal injury lawsuit seeks financial compensation for damages suffered as the result of an injury that was the direct result of another person or party’s actions. Damages may include medical expenses, lost wages, and pain and suffering. It is important to work with an experienced personal injury attorney, such as Lynn C. Harris, when filing a personal injury claim. Mr. Harris is experienced in calculating damages in personal injury cases so that his Salt Lake City, UT clients are compensated to the maximum extent of the law.

Calculating Damages

When an insurance company is determining a settlement offer in the case of a personal injury, they tend to begin negotiations using a basic mathematical formula. To come up with a starting point for these negotiations, the insurer will first consider the cost of medical expenses directly related to the injury. In the case of long-term injuries, or those that require lifelong care, future medical expenses will also be added to this figure.

It is more difficult to assign value to the pain and suffering an injury may have caused. In general, insurance companies will account for pain and suffering damages by multiplying the total cost of medical expenses (referred to as the medical special damages) by anywhere from 1.5 to 5, or sometimes even higher.

Finally, this total will be added to the cost of any wages that were lost as a result of the injury and any property damage that may have occurred. Again, this figure is just a starting point. It is always in the insurer’s best interest to settle a claim for the lowest amount possible, so they will often push injury victims to accept a quick settlement on the lower end of this spectrum. This is why it is beneficial to work with a personal injury attorney.

Lynn C. Harris understands how insurance companies calculate personal injury damages. However, there are many other factors that can, and should, be considered when determining a fair settlement. Mr. Harris will use the insurance company’s mathematical formula as a starting point, but he will also take into account special circumstances to fight for the maximum compensation allowed by the law. Below are some factors that must be considered when calculating personal injury damages:

  • The severity of the injury and the pain it caused
  • The extensiveness of necessary medical treatment
  • The length of recovery
  • The presence of any long-term effects of the injury (and the seriousness of these effects)

By accounting for these factors, Mr. Harris will calculate a settlement figure that fairly compensates personal injury victims for all of the damages they have suffered.

Contact Us

If you have been injured and another person or party is responsible, you have a legal right to seek financial compensation for damages suffered. Personal injury attorney Lynn C. Harris will work hard to determine that you are justly compensated for any and all injury damages. To learn more about filing a personal injury lawsuit, contact us at your earliest convenience.

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