When you get an accident and file a personal injury claim, one of the questions you will ask yourself is “How are personal injury claims calculated?” Calculating compensation for a personal injury case is not always as straightforward as many people think. Here are some samples that will give you a rough overview of how personal injury compensation is calculated.
How to Calculate Compensation for Personal Injury
The amount of compensation you qualify for correlates with the level of severity of the injuries you sustained. Workplace injuries can be caused by many things and they result in different levels of injury severity. If your injuries were minor, then your compensation amount will be low. If your injuries were significant, your compensation amount is likely to be higher. To give an example of how many people are injured each year on a local level, a San Luis Obispo personal injury attorney states that over 600 people were injured or killed in car crashes in San Luis Obispo County in 2013. That’s only a statistic for ONE county. Your solicitor will consider two factors when calculating the compensation you deserve. He will consider the severity of your injuries and the emotional and mental repercussions of the injury. It is important you find a qualified solicitor to help you come up with an accurate estimate. A solicitor will use a workplace injury compensation calculator or other formulas to come up with the right amount.
Types of Personal Injury Compensations
General damages refer to the damages associated with the pain and suffering resulting from the injuries you have sustained. There is a universal list that has been created to help solicitors measure the amount payable based on the damages incurred. Lawyers often refer to this list when they want to determine the amount of compensation their clients should get.
Loss of Earning
The legal framework controlling personal injury has been designed in such a way that it allows those who miss work because of injuries to seek compensation for loss of income. Your solicitor will consult with the doctor that attended to you to determine the amount of time you require to recover fully from the injury before you go back to work. Depending on the time indicated, the solicitor will forward an amount before the court as a fair compensation for the loss of earning.
This type of compensation is meant for individuals who have serious injuries and require extra care from a professional service. In this case, the solicitor will determine the amount payable for such services. In some cases, the compensation can be given to your family members so that they take care of your needs.
Loss of Society
This compensation applies only to those who have lost their loved ones as a result of an accident. In this case, the remaining members of the family will be compensated for the loss they have suffered.
Loss of Support
In case the person involved in the accident was the sole provider in the family, the other members of the family can seek compensation for loss of financial support. The solicitor will use a certain formula to come up with a suitable amount. He will factor in the monthly income of the deceased, the level of support he offered and the number of dependents.
How Much You Can Get
As we had discussed above, the amount you can get depends on the type of personal injury claim you file. Major injuries such as dislocated ankles, severely damaged muscles, amputations and paralysis can attract compensations as high as $163,250. Mild to moderate injuries do not go beyond $40,000.
Tips for Getting the Right Compensation for Personal Injury Claims
You need to avoid certain mistakes, regardless whether you are injured at work or on the road. Workplace injury mistakes such as failing to report when you have an injury can make it difficult for you to validate the claim when you eventually file it. Other common mistakes include failing to listen to your doctor, not appealing when your claim is rejected and ignoring legal advice from a personal injury lawyer.
Hire a Lawyer Immediately
While it is possible to file and negotiate a claim on your own, it is often difficult to get a fair compensation. Adjusters will use all means possible to try and reduce the amount you have asked for in the claim. Some will even threaten you in order to get what they want. A lawyer will negotiate on your behalf to ensure you get the right compensation.
You need to preserve evidence to help validate your case in case it goes to trial. If you are involved in a car accident, take pictures of the scene and the contact details of the witnesses. Take pictures of your immediate injuries and the surrounding. If there is a police report, get a copy as soon as you can. The more evidence you preserve, the greater your chances of winning the case.
Seek Medical Attention
In order to get a fair compensation for your injuries, you must seek immediate medical attention. Doctors will examine the extent of your injuries, document them and formulate a treatment plan. You should seek treatment even if you feel you are okay.